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Home My WebLink About20173110.tiff.rp at 3739 MEMORANDUM TO: Esther Gesick, Clerk to the Board June 18, 2020 FROM: Ryan Rose, Chief Information Officer SUBJECT: Oracle America, Inc. Annual Maintenance Extension 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 annual maintenance support of the software and has been reviewed by Legal. The requested amount for this service is $220,715.02 and was budgeted for in the 2020 budget cycle. We ask that the BOCC approve the agreement as submitted. 1 Conie,.-77L +e.i.dat „or_164,42_€-T) I 7- Olio 06 /20 Zr0006 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Oracle America, Inc. Annual Maintenance Extension DEPARTMENT: Information Technology DATE: May 21, 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 annual maintenance support of the software and has been reviewed by Legal. The requested amount for this service is $220,715.02, which was budgeted during the 2020 budget process. 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 -Tern Kevin D. Ross Approve Schedule Recommendation Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF Information Technology AND Oracle America, Inc. This Agreement Extension/Renewal ("Renewal"), made and entered into 21st day of May, 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Information Technology, hereinafter referred to as the "Department", and Oracle America, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2017-3110, approved on 9/6/2017. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement (US-PS-TSSA-1386804) dated September 6th, 2017 will remain in effect without change except: o The Ordering Document for Support Services (Support Service Number P-94-130-00-000-21), along with the original agreement, constitute the entire understanding between the parties. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Jake Camarillo Manager, Americas SSC, Deal Management Printed Name (asiaViU.o Signature 18 -Jun -2020 I 8:42 AM CDT BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair (��!�� dterAn) vC-O�OeL Deputy CI_1 to t e Board co/ 7- 3//0 ORACLE* 22 -Apr -20 Mary Truslow Weld County 1401 N 17th Ave Information Technology Greeley CO 80631 United States Dear Mary Truslow The technical support services provided under support service number P-94-130-00-000-21 will expire, or have expired, on 25 -Jul -20. Please find attached an ordering document for the renewal of these technical support services. If applicable, the attached ordering document may include technical support services that you have requested to order that are in addition to the technical support services that you are renewing. To prevent interruption to and/ or termination of technical support services, please complete your order for the renewal of technical support services, identified in the ordering document, by issuing a form of payment acceptable to Oracle in accordance with the Order Processing Details section of the ordering document on or before 26 -Jun -20. Have a question? Call 1-888-545-4577, Chat on Store, or Request Assistance. Page 1 of 10 Support Service Number: P-94-130.00-000--21 RL_Specifled_Agreement_v111516 ORACLE' GENERAL INFORMATION OFFER EXPIRATION ORACLE: Oracle America, Inc. Support Service P-94-130-00-000--21 Number: Offer Expires: 25 -Jul -20 Oracle Contact Information: Oracle Premier Support Renewal Center Call: 1-888-545-4577 Chat: Chat on Store Request Assistance: Click to Request Assistance / CUSTOMER: Weld County CUSTOMER QUOTE TO Account Contact: Mary Truslow Account Name: Weld County Address: 1401 N 17th Ave Information Technology Greeley CO 80631 United States Telephone: 970 400-2518 Fax: E-mail: mtruslow@co.weld.co.us CUSTOMER BILL TO Account Contact: Accounts Payable Account Name: Weld County Address: Information Service 1401 North 17th Ave Accounts Payable Greeley CO 80631 United States Telephone: Fax: E-mail: pQ 'You' and Your; as referenced m tnis ordenng aocument refers to the Customer identified in the table above. Oracle may provide certain notices about technical support services via e-mail. Accordingly, please verify and update the Customer Quote To and Customer Bill To information in the above table to help ensure that You receive such communications from Oracle. If changes are required to the Customer Quote To and Customer Bill To information, please e-mail or fax the updated information, with Your support service number P-94-130-00-000-21, to Your Oracle Support Sales Representative identified in the table above. Page 2 of 10 Support Service Number: P-94-130-00-000-21 RL_Specifled_Agreernent v111516 SERVICE DETAILS Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric Micro Focus Visual COBOL for 14479191 1 Windows PeopleSoft Enterprise Benefits Administration - Employee Count Perpetual PeopleSoft Enterprise Benefits Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible Spending Administrati - Employee Count Perpetual PeopleSoft Enterprise Human Resources - Employee Count Perpetual PeopleSoft Enterprise Human Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll For North America - Employee Count Perpetual USER License Start Date End Date Level / Type Price 1 -Sep -20 31 -Aug -21 2,962.48 14484990 200 FULL USE 1 -Sep -20 31 -Aug -21 1,565.74 14484990 1100 VALUE 1 -Sep -20 31 -Aug -21 30,220.06 14484990 1100 VALUE 1 -Sep -20 31 -Aug -21 8.572.84 14484990 200 FULL USE 1 -Sep -20 31 -Aug -21 1,788.38 14484990 1100 VALUE 1 -Sep -20 31 -Aug -21 42,349.36 14464990 200 FULL USE 1 -Sep -20 31 -Aug -21 1,786.38 PeopleSoft Enterprise Payroll 14484990 1100 VALUE 1 -Sep -20 31 -Aug -21 36,051.26 North American - Employee Count Perpetual Oracle User Productivity Kit 15682346 1 FULL USE 1 -Sep -20 31 -Aug -21 3,021.98 Standard - UPK Developer Perpetual Oracle User Productivity Kit - 15682346 1100 FULL USE 1 -Sep -20 31 -Aug -21 5,540.30 UPK Employee Perpetual PeopleSoft Enterprise 15682346 110 FULL USE 1 -Sep -20 31 -Aug -21 1,514.07 ePerfonnance - Employee Count Perpetual PeopleSoft Enterprise 15682346 1100 LIMITED 1 -Sep -20 31 -Aug -21 8,310.67 ePerformance - Enterprise USE Employee Perpetual OTHER PeopleSoft Enterprise Human 15682346 110 FULL USE 1 -Sep -20 31 -Aug -21 1,139.03 Resources - Employee Count Perpetual PeopleSoft Enterprise Human 15682346 1100 LIMITED 1 -Sep -20 31 -Aug -21 14,774.16 Resources - Enterprise USE Employee Perpetual OTHER PeopleSoft Enterprise Payroll 15682346 110 FULL USE 1 -Sep -20 31 -Aug -21 1,290.93 Interface - Employee Count Perpetual Page 3 of 10 Support Service Number: P-94-130-00-000--21 RL_Specified_Agreement v111516 PeopleSoft Enterprise UPK °Performance (up to 4K employees and up to $1 billion In revenue) - UPK Module Perpetual Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # oty PeopleSoft Enterprise Payroll 15682348 1100 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time And 15682346 110 Labor - Employee Count Perpetual PeopleSoft Enterprise Time and 15682346 1100 Labor - Enterprise Employee Perpetual PeopleSoft Enterprise UPK 15682346 1 eBenefits (up to 4K employees and up to $1 billion In revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK ePay 15682346 1 (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual 15682346 1 PeopleSoft Enterprise UPK 15682346 1 Human Resources (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK 15682346 1 Payroll for North America (uo to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK Time 15682346 1 & Labor (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual Websphere for PeopleSoft 15682346 1 Enterprise (Mfr is International Business Machines Corporation; Third Party Program) Page 4 of 10 RL_Specified_Agreement_v111516 License Metric License Start Date End Date Price Level/ Type LIMITED 1 -Sep -20 31 -Aug -21 5,540.28 USE OTHER FULL USE 1 -Sep -20 31 -Aug -21 1,139.04 LIMITED 1 -Sep -20 31 -Aug -21 8,772.14 USE OTHER FULL USE 1 -Sep -20 31 -Aug -21 1,510.98 FULL USE 1 -Sep -20 31 -Aug -21 1,511.01 FULL USE 1 -Sep -20 31 -Aug -21 3,021.98 FULL USE 1 -Sep -20 31 -Aug -21 3,021.96 FULL USE 1 -Sep -20 31 -Aug -21 3,021.98 FULL USE 1 -Sep -20 31 -Aug -21 3,021.98 FULL USE 1 -Sep -20 31 -Aug -21 0.00 Program Technical Support Fees: USD 191,447.01 Support Service Number! P-94-130-00-000-21 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric PeopleSoft Enterprise 15682346 110 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15682346 110 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll 15682346 110 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 110 Labor - Enterprise Employee Perpetual License Start Date End Date Price Level 1 Type FULL USE 1 -Sep -20 31 -Aug -21 988.25 FULL USE 1 -Sep -20 31 -Aug -21 1,741.20 FULL USE 1 -Sep -20 31 -Aug -21 658.82 FULL USE 1 -Sep -20 31 -Aug -21 1,035.32 Program Technical Support Fees: USD 4,423.59 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI d Qty License Metric PeopleSoft Enterprise Benefits 14484990 200 Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 200 Spending Administratl - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 North American - Employee Count Perpetual License Start Date End Date Level Type FULL USE 1 -Sep -20 31 -Aug -21 1,337.66 FULL USE 1 -Sep -20 31 -Aug -21 381.54 FULL USE 1 -Sep -20 31 -Aug -21 1,526.20 FULL USE 1 -Sep -20 31 -Aug -21 1,526.20 Price Program Technical Support Fees: USD 4,771.60 Program Technical Support Services Service Level: Software Update License & Support Product Description PeopleSoft Enterprise ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise ePerformance - Enterprise Employee Perpetual Page 5 of 10 RL Spedfied_Agreement_v111518 CSI a Qty 15682346 110 15682346 220 License Metric License Start Date End Date Level / Type FULL USE 1 -Sep -20 31 -Aug -21 823.34 Price FULL USE 1 -Sep -20 31 -Aug -21 1,362.28 Support Service Number: P-94-130.00-000-21 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric PeopleSoft Enterprise Human 15682346 110 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15882346 220 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll - 15682346 220 Enterprise Employee Perpetual PeopleSoft Enterprise Payroll 15682346 110 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 110 Labor - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 220 Labor - Enterprise Employee Perpetual License Start Date End Date Level 1 Type LIMITED 1 -Sep -20 31 -Aug -21 1,450.67 USE OTHER FULL USE 1 -Sep -20 31 -Aug -21 2,400.28 Price FULL USE 1 -Sep -20 31 -Aug -21 2,919.22 LIMITED 1 -Sep -20 31 -Aug -21 548.89 USE OTHER FULL USE 1 -Sep -20 31 -Aug -21 862.57 FULL USE 1 -Sep -20 31 -Aug -21 1.427.23 Program Technical Support Fees: USD 11,794,48 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric PeopleSoft Enterprise Benefits 14484990 200 Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 200 Spending Adminlstrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 North American - Employee Count Perpetual License Start Date End Date Level/ Type FULL USE 1 -Sep -20 31 -Aug -21 1,219.35 FULL USE 1 -Sep -20 31 -Aug -21 1,391.19 FULL USE 1 -Sep -20 31 -Aug -21 347.43 FULL USE 1 -Sep -20 31 -Aug -21 1,391.19 Price Program Technical Support Fees: USD 4,349.16 Page 6 of 10 Support Service Number: P-94-130-00-000--21 RL_Specifled Agreement v111516 Prokram Technical Support Services Service Level: Software Update License & Support Product Description CSI S Qty License Metric PeopleSoft Enterprise 15682346 110 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15682346 110 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll 15682346 110 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 110 Labor - Enterprise Employee Perpetual License Start Date End Date Level Type FULL USE 26 -Jul -20 31 -Aug -21 Price 877.79 LIMITED 26 -Jul -20 31 -Aug -21 1,548.59 USE OTHER LIMITED 26 -Jul -20 31 -Aug -21 585.19 USE OTHER FULL USE 26 -Jul -20 31 -Aug -21 919.61 Program Technical Support Fees: USD 3,929.18 Total Price: USD 220,715.02 Plus applicable tax Please note the following: • If You have questions regarding the Service Details section of this ordering document, or believe that corrections are required, please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. • Please review Oracle's technical support policies, including the Lifetime Support Policy, before entering into this ordering document. Under Oracle's Lifetime Support Policy, the support level for an Oracle product, if applicable, may change during the term of the services purchased under this ordering document. If extended support is offered, an additional fee will be charged for such support if ordered. If You would like to purchase extended support please contact Your Oracle Support Sales Representative Identified on the first page of this ordering document. • If Oracle accepts Your order, the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services ordered under this ordering document will be provided through the end date specified in the table for the applicable programs and/ or hardware ("Support Period"). • If any of the fields listed in the Service Details table above are blank, then such fields do not apply for the applicable programs and/or hardware for which You are purchasing technical support services. Page 7 of 10 Support Service Number: P-94-130-00-000-21 RL Specified Agreement_v111516 TECHNICAL. SUPPORT SERVICES TERMS If the Customer and the Customer Quote To name identified in the General Information table above are not the same, Weld County represents that Customer has authorized Weld County to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein. Weld County agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer. Weld County agrees to advise Customer of the terms of this ordering document as well as any communications received from Oracle regarding the services. If the Customer and the Customer Bill To name identified in the General Information table above are not the same, Customer agrees that: a) Customer has the ultimate responsibility for payments under this ordering document; and, b) any failure of Weld County to make timely payment per the terms of this ordering document shall be deemed a breach by Customer and, in addition to any other remedies available to Oracle, Oracle may terminate Customer's technical support service under this ordering document. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which technical support has been paid, or for U.S. federal and public sector entities, the period for which services have been ordered. You should review the technical support policies prior to entering into this ordering document. The current version of the technical support policies may be accessed at rittollWww.oracle.com/us/supoort/ooliciesfindex.html. The technical support services acquired under this ordering document are governed by the terms and conditions of the US-PS-TSSA-1386804 ("agreement"). Any use of the programs and/or hardware, which includes updates and other materials provided or made available by Oracle as part of technical support services, is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired. This ordering document incorporates the agreement by reference. In the event of inconsistencies between the terms contained in this ordering document and the agreement, this ordering document shall take precedence. Page 8 of 10 Support Service Number: P-94-130-00-000-21 RL Specified_Agreement_v111516 ORDER PROCESSING DETAILS Your order is subject to Oracle's acceptance. Your order is deemed to be placed when You provide Oracle with details for payment (e.g., Your purchase order, Your check, or a credit card confirmation for the order as detailed below) or an executed Oracle Financing contract. Once placed, Your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the agreement. Please note that unless You are a U.S. federal government or public sector entity, if the pre-tax value of this ordering document is USD $2,000 or less, the technical support services ordered (i) must be paid by credit card; or (ii) You must renew Your support via the Oracle Store. Please contact Your Oracle Support Sales Representative for details regarding renewing Your support via the Oracle Store. Technical Support fees are invoiced Quarterly In Arrears. All fees payable to Oracle are due within 30 NET from date of invoice. Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle. If You are an U.S. federal government or public sector entity, Oracle will issue You an invoice quarterly in arrears after the services are performed. You agree to pay any sales, value-added or other similar taxes imposed by applicable law, except for taxes based on Oracle's income. Unless you are an U.S. federal government entity, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"). If Weld County is a tax exempt organization and is not an U.S. federal government entity, a copy of Weld County's tax exemption certificate must be submitted with Weld County's purchase order, credit card or other acceptable form of payment. PAYMENT DETAILS Purchase Order If You are submitting a purchase order for the payment of the renewal of the technical support services on this renewal order, the purchase order must be in a non -editable format (e.g., PDF) and include the following information: Support Service Number: P-94-130-00-000--21 Total Price: USD 220,715.02 (excluding applicable tax) Local Tax, if applicable In issuing a purchase order, Weld County agrees that the terms of this renewal order and the agreement supersede the terms in the purchase order or any other non -Oracle document, and no terms included in any such purchase order or other non -Oracle document will apply to the technical support services renewed under this renewal order. Please contact Oracle per the General Information section above to issue Your purchase order. Credit Card If You wish to use a credit card to pay for the renewal of the technical support services on this renewal order, please contact Oracle per the General Information section above. Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD. Check If the technical support services on this ordering document will be ordered and paid by check, the check must include the following information: Page 9 of 10 Support Service Number: P-94.130-00-000-21 RL_S pecified_Agreement_v 111516 Support Service Number: P-94-130-00-000-21 - Total Price: USD 220,715.02 (excluding applicable tax) Local Tax, if applicable In issuing a check, Weld County agrees that only the terms of this ordering document and the agreement shall apply to the technical support services ordered under this ordering document. No terms attached or submitted with the check shall apply. Please mail check payments in accordance with the Remittance Details section below. Checks for technical support services renewed under this renewal order should be sent to: AK, AZ, CA, HI, ID, NV, OR, UT, WA: Oracle America, Inc PO Box 44471 San Francisco, CA 94144-4471 All Other States: Oracle America, Inc PO Box 203448 Dallas, TX 75320-3448 Page 10 of 10 Support Service Number: P-94130-00-000-21 RL Spedfied_Agreement v111516 Contract Form Entity Information Entity Name* ORACLE AMERICA INC New Contract Request Entity ID* @00008456 Contract Name* ORACLE AMERICA INC ANNUAL MAINTENANCE Contract Status CTB REVIEW Contract Description * ANNUAL SUPPORT CONTRACT FOR 2020-2021 Contract Description 2 Contract Type* AGREEMENT Amount* $220,715.02 Renewable* YES Automatic Renewal Gant IGA Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologyGIS@w eldgov.com Department Head Email CM-InformationTectinologyGIS- DeptHead@weldgovcom County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV. COM Contract ID 3739 Contract Lead* MTRUSLOW ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # nmuslow@co.weld co us Requested BOCC Agenda Date* 06/24/2020 Due Date 06/20/2020 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 OnRase Contract Dates Effective Date Termination Notice Period Review Date* 05/01/2021 Committed Delivery Date Renewal Date* 09/01/2021 Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head RYAN ROSE DH Approved Date 06/19/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/24/2020 Originator MTRUSLOW Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Contact Phone 2 Purchasing Approved Date 06/19/2020 Finance Approved Date 06/19/2020 Tyler Ref I AG 062420 Legal Counsel CONSENT Legal Counsel Approved Date 06/19/2020 Submit MEMORANDUM TO: Esther Gesick, Clerk to the Board April 1, 2019 FROM: Ryan Rose, Chief Information Officer SUBJECT: Oracle America, Inc. Support Agreement Oracle America, Inc. provides software to our Human Resources and Accounting departments which they utilize to manage their daily human resource and payroll activities. This agreement is to extend the annual maintenance. The requested amount for the annual maintenance is $208,958.41. This has been reviewed by legal and was budgeted for in the 2019 budget process. We ask that the BOCC approve the agreement as submitted. 4-441 1 c eit,i306-r) <74-- /9 ceor7-.3I10 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Oracle America, Inc. Annual Maintenance Agreement DEPARTMENT: Information Technology DATE: 3/26/19 PERSON REQUESTING: Ryan Rose Brief description of the problem/issue: Oracle America, Inc. provides annual support for Weld County's Peoplesoft application. The attached request is for the extension of the annual tnainteadce. This expense was planned for in the 2019 budgeting process. What options exist for the Board? (include consequences, impacts, costs, etc. of options): This provider specializes in selling and supporting this software. In order to remain current with our support, it is recommended that we upgrade. Recommendation: Legal has reviewed and approved this agreement and it was budgeted in the 2019 budget cycle. We recommend the Board approve the request for the amount of $208,958.41. Approve Recommendation Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Schedule Work Session Other/Comments: DocuSign Envelope ID: 8383AFA9-9286-4D5A-92E4-2EF4EBE6519E t;UN I HALI AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF Information Technology AND Oracle America, Inc. This Agreement Extension/Renewal ("Renewal"), made and entered into 29th day of March. 2019, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Information Technology, hereinafter referred to as the "Department", and Oracle America, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2017-3110, approved on 9/6/2017. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement (US-PS-TSSA-1386804) dated September 6t'', 2017 will remain in effect without change except: o The Ordering Document for Support Services (Support Service Number P-94-130-00-000--21), along with the original agreement, constitute the entire understanding between the parties. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Oracle America, Inc. Federico Arias cordero Printed Name l ' Mcrae biis (Arlen Signature ATTEST: Weld BY: Deputy Cler .f o the Board BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO Barbara Kirkmeyer, C air APR 0 8 2019 O2 0/ 7- Zi/O Q1ACL€® 20 -Mar -19 Mary Truslow Weld County 1401 N 17th Ave Information Technology Greeley CO 80631 United States Dear Mary Truslow The technical support services provided under support service number P-94-130-00-000--21 will expire, or have expired, on 8 -Jul -19. Please find attached an ordering document for the renewal of these technical support services. If applicable, the attached ordering document may include technical support services that you have requested to order that are in addition to the technical support services that you are renewing. To prevent interruption to and/ or termination of technical support services, please complete your order for the renewal of technical support services, identified in the ordering document, by issuing a form of payment acceptable to Oracle in accordance with the Order Processing Details section of the ordering document on or before 9 -Jun -19. Have a question about your renewal? Call 408.556.4833 or email Oracle at ann.tran@oracle.com. Have a question regarding Auto Renew or the acceptance process on Oracle Store? Call 408.556.4833, Chat on Store, or Request Assistance. Page 1 of 10 Support Service Number: P-94-130-00-000--21 RL_Specified Agreement v111516 ORACLE* GENERAL INFORMATION OFFER EXPIRATION ORACLE: Oracle America, Inc. Support Service P-94-130-00-000 21 Number: Offer Expires: 8 -Jul -19 Oracle Contact Information: Ann Tran Telephone: 408.556.4833 Fax: 408.556.4833 Email: ann.tran@oracle.com CUSTOMER: Weld County CUSTOMER QUOTE TO Account Contact: Mary Truslow Account Name: Weld County Address: 1401 N 17th Ave Information Technology Greeley CO 80631 United States Telephone: 970 400-2518 Fax: E-mail: mtruslow@co.weld.co.us CUSTOMER BILL TO Account Contact: Accounts Payable Account Name: Weld County Address: Information Service 1401 North 17th Ave Accounts Payable Greeley CO 80631 United States Telephone: Fax: E-mail: "You" and "Your" as referenced in this ordering document refers to the Customer identified in the table above. Oracle may provide certain notices about technical support services via e-mail. Accordingly, please verify and update the Customer Quote To and Customer Bill To information in the above table to help ensure that You receive such communications from Oracle. If changes are required to the Customer Quote To and Customer Bill To information, please e-mail or fax the updated information, with Your support service number P-94-130-00-000-21, to Your Oracle Support Sales Representative identified in the table above. Page 2 of 10 Support Service Number: P-94-130-00-000--21 RL_Specified Agreement_v111516 SERVICE DETAILS Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric Micro Focus International Ltd. 14479191 1 Net Express COBOL for Windows USER License Start Date End Date Level! Type Price 1 -Sep -19 31 -Aug -20 2,848.54 PeopleSoft Enterprise Benefits 14484990 200 FULL USE 1 -Sep -19 31 -Aug -20 1,505.52 Administration - Employee Count Perpetual PeopleSoft Enterprise Benefits 14484990 1100 VALUE 1 -Sep -19 31 -Aug -20 29,057.75 Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 1100 VALUE 1 -Sep -19 31 -Aug -20 8,243.12 Spending Administrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 FULL USE 1 -Sep -19 31 -Aug -20 1,717.67 Resources - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 1100 VALUE 1 -Sep -19 31 -Aug -20 40,720.54 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 FULL USE 1 -Sep -19 31 -Aug -20 1,717.67 For North America - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 1100 VALUE 1 -Sep -19 31 -Aug -20 34,664.67 North American - Employee Count Perpetual Oracle User Productivity IGt 15682346 1 FULL USE 1 -Sep -19 31 -Aug -20 2,905.75 Standard - UPK Developer Perpetual Oracle User Productivity Kit - 15682346 1100 FULL USE 1 -Sep -19 31 -Aug -20 5,327.21 UPI( Employee Perpetual PeopleSoft Enterprise 15682346 110 FULL USE 1 -Sep -19 31 -Aug -20 1,455.84 ePerformance - Employee Count Perpetual PeopleSoft Enterprise 15682346 1100 LIMITED 1 -Sep -19 31 -Aug -20 7,991.03 ePerformance - Enterprise USE Employee Perpetual OTHER PeopleSoft Enterprise Human 15682346 110 FULL USE 1 -Sep -19 31 -Aug -20 1,095.22 Resources - Employee Count Perpetual PeopleSoft Enterprise Human 15682346 1100 LIMITED 1 -Sep -19 31 -Aug -20 14,205.92 Resources - Enterprise USE Employee Perpetual OTHER Page 3 of 10 Support Service Number: P-94130-00-000--21 RL_Specified_Agreement_v111518 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric PeopleSoft Enterprise Payroll 15682346 110 Interface - Employee Count Perpetual PeopleSoft Enterprise Payroll 15682346 1100 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time And 15682346 110 Labor - Employee Count Perpetual PeopleSoft Enterprise Time and 15682346 1100 Labor - Enterprise Employee Perpetual PeopleSoft Enterprise UPK 15682346 1 eBenefits (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK ePay 15682346 1 (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK 15682346 1 ePerformance (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK 15682346 1 Human Resources (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK 15682346 1 Payroll for North America (up to 4K employees and up to $1 billion In revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK Time 15682346 1 & Labor (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual Websphere for PeopleSoft 15882346 1 Enterprise (Mfr is International Business Machines Corporation; Third Party Program) License Start Date End Date Level I Type FULL USE 1 -Sep -19 LIMITED 1 -Sep -19 USE OTHER FULL USE 1 -Sep -19 Price 31 -Aug -20 1,241.28 31 -Aug -20 5,327.19 31 -Aug -20 1,095.23 LIMITED 1 -Sep -19 31 -Aug -20 8,434.75 USE OTHER FULL USE 1 -Sep -19 31 -Aug -20 1,452.87 FULL USE 1 -Sep -19 31 -Aug -20 1,452.89 FULL USE 1 -Sep -19 31 -Aug -20 2,905.75 FULL USE 1 -Sep -19 31 -Aug -20 2,905.75 FULL USE 1 -Sep -19 31 -Aug -20 2,905.75 FULL USE 1 -Sep -19 31 -Aug -20 2,905.75 FULL USE 1 -Sep -19 31 -Aug -20 0.00 Program Technical Support Fees: USD 184,083.66 Program Technical Support Services Service Level: Software Update License & Support Page 4 of 10 RL_Specified_Agreement_v111516 Support Service Number: P-94-130-00-000-21 Product Description PeopleSoft Enterprise 15682346 110 ePerfomiance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15682346 110 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll 15682346 110 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 110 Labor - Enterprise Employee Perpetual CSI # Qty License License Start Date End Date Price Metric Level / Type FULL USE 1 -Sep -19 31 -Aug -20 950.24 FULL USE 1 -Sep -19 31 -Aug -20 1,674.23 FULL USE 1 -Sep -19 31 -Aug -20 633.48 FULL USE 1 -Sep -19 31 -Aug -20 995.50 Program Technical Support Fees: USD 4,253.45 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty PeopleSoft Enterprise Benefits 14484990 200 Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 200 Spending Administrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 North American - Employee Count Perpetual License Metric License Start Date End Date Level! Type FULL USE 1 -Sep -19 31 -Aug -20 1286.21 FULL USE 1 -Sep -19 31 -Aug -20 366.87 FULL USE 1 -Sep -19 31 -Aug -20 1,467.50 FULL USE 1 -Sep -19 31 -Aug -20 1,467.50 Price Program Technical Support Fees: USD 4,588.08 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric PeopleSoft Enterprise 15682346 220 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise 15682346 110 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15682346 220 Resources - Enterprise Employee Perpetual Page 5 of 10 RL_Specified Agreement v111516 License Start Date End Date Level I Type FULL USE 1 -Sep -19 31 -Aug -20 1,309.88 FULL USE 9 -Jul -19 31 -Aug -20 905.72 FULL USE 1 -Sep -19 31 -Aug -20 2,307.96 Support Service Number: P-94-130-00-000--21 Price Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty PeopleSoft Enterprise Human 15682346 110 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll - 15682346 220 Enterprise Employee Perpetual PeopleSoft Enterprise Payroll 15682346 110 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 220 Labor - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 110 Labor - Enterprise Employee Perpetual License Metric License Start Date End Date Level/ Type LIMITED 9 -Jul -19 31 -Aug -20 1,595.82 USE OTHER FULL USE 1 -Sep -19 31 -Aug -20 2,806.94 Price LIMITED 9 -Jul -19 31 -Aug -20 603.81 USE OTHER FULL USE 1 -Sep -19 31 -Aug -20 1,372.34 FULL USE 9 -Jul -19 31 -Aug -20 948.87 Program Technical Support Fees: USD 11,851.34 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric PeopleSoft Enterprise Benefits 14484990 200 Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 200 Spending Administrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 North American - Employee Count Perpetual License Start Date End Date Level / Type FULL USE 1 -Sep -19 31 -Aug -20 1,172.45 FULL USE 1 -Sep -19 31 -Aug -20 1,337.68 FULL USE 1 -Sep -19 31 -Aug -20 334.07 FULL USE 1 -Sep -19 31 -Aug -20 1,337.68 Price Program Technical Support Fees: USD 4,181.88 Total Price: USD 208,958.41 Plus applicable tax Please note the following: • If You have questions regarding the Service Details section of this ordering document, or believe that corrections are required, please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. • Please review Oracle's technical support policies, including the Lifetime Support Policy, before entering into this ordering document. Under Oracle's Lifetime Support Policy, the support level for Page 6 of 10 Support Service Number: P-94-130-00-000--21 RL_Specified_Agreement_v111516 an Oracle product, if applicable, may change during the term of the services purchased under this ordering document. If extended support is offered, an additional fee will be charged for such support if ordered. If You would like to purchase extended support please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. • If Oracle accepts Your order, the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services ordered under this ordering document will be provided through the end date specified in the table for the applicable programs and/ or hardware ("Support Period"). • If any of the fields listed in the Service Details table above are blank, then such fields do not apply for the applicable programs and/or hardware for which You are purchasing technical support services. Page 7 of 10 Support Service Number: P-94-130-00-000-21 RL_SpeGfled Agreement_v111516 TECHNICAL SUPPORT SERVICES TERMS If the Customer and the Customer Quote To name identified in the General Information table above are not the same, Weld County represents that Customer has authorized Weld County to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein. Weld County agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer. Weld County agrees to advise Customer of the terms of this ordering document as well as any communications received from Oracle regarding the services. If the Customer and the Customer Bill To name identified in the General Information table above are not the same, Customer agrees that: a) Customer has the ultimate responsibility for payments under this ordering document; and, b) any failure of Weld County to make timely payment per the terms of this ordering document shall be deemed a breach by Customer and, in addition to any other remedies available to Oracle, Oracle may terminate Customer's technical support service under this ordering document. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which technical support has been paid, or for U.S. federal and public sector entities, the period for which services have been ordered. You should review the technical support policies prior to entering into this ordering document. The current version of the technical support policies may be accessed at http://www.oracle.com/ustsgpport/policies/index.html. The technical support services acquired under this ordering document are governed by the terms and conditions of the US-PS-TSSA-1386804 ("agreement"). Any use of the programs and/or hardware, which includes updates and other materials provided or made available by Oracle as part of technical support services, is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired. This ordering document incorporates the agreement by reference. In the event of inconsistencies between the terms contained in this ordering document and the agreement, this ordering document shall take precedence. Page 8 of 10 Support Service Number: P-94130-00-000--21 RL_Specified_Agreement_v111516 ORDER PROCESSING DETAILS Your order is subject to Oracle's acceptance. Your order is deemed to be placed when You provide Oracle with details for payment (e.g., Your purchase order, Your check, or a credit card confirmation for the order as detailed below) or an executed Oracle Financing contract. Once placed, Your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the agreement. Please note that unless You are a U.S. federal government or public sector entity, if the pre-tax value of this ordering document is USD $2,000 or less, the technical support services ordered (i) must be paid by credit card; or (ii) You must renew Your support via the Oracle Store. Please contact Your Oracle Support Sales Representative for details regarding renewing Your support via the Oracle Store. Technical Support fees are invoiced Quarterly in Arrears. All fees payable to Oracle are due within 30 NET from date of invoice. Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle. If You are an U.S. federal government or public sector entity, Oracle will issue You an invoice quarterly in arrears after the services are performed. You agree to pay any sales, value-added or other similar taxes imposed by applicable law, except for taxes based on Oracle's income. Unless you are an U.S. federal government entity, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"). If Weld County is a tax exempt organization and is not an U.S. federal government entity, a copy of Weld County's tax exemption certificate must be submitted with Weld County's purchase order, credit card or other acceptable form of payment. PAYMENT DETAILS Purchase Order If You are submitting a purchase order for the payment of the renewal of the technical support services on this renewal order, the purchase order must be in a non -editable format (e.g., PDF) and include the following information: Support Service Number: P-94-130-00-000--21 Total Price: USD 208,958.41 (excluding applicable tax) Local Tax, if applicable In issuing a purchase order, Weld County agrees that the terms of this renewal order and the agreement supersede the terms in the purchase order or any other non -Oracle document, and no terms included in any such purchase order or other non -Oracle document will apply to the technical support services renewed under this renewal order. Please contact Oracle per the General Information section above to issue Your purchase order. Credit Card If You wish to use a credit card to pay for the renewal of the technical support services on this renewal order, please contact Oracle per the General Information section above. Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD. Check If the technical support services on this ordering document will be ordered and paid by check, the check must include the following information: Page 9 of 10 Support Service Number: P-94-130-00-000-21 RL_Specified_Agreement v111516 - Support Service Number: - Total Price: - Local Tax, if applicable P-94-130-00-000-21 USD 208,958.41 (excluding applicable tax) In issuing a check, Weld County agrees that only the terms of this ordering document and the agreement shall apply to the technical support services ordered under this ordering document. No terms attached or submitted with the check shall apply. Please mail check payments in accordance with the Remittance Details section below. Checks for technical support services renewed under this renewal order should be sent to: AK, AZ, CA, HI, ID, NV, OR, UT, WA: Oracle America, Inc PO Box 44471 San Francisco, CA 94144-4471 All Other States: Oracle America, Inc PO Box 203448 Dallas, TX 75320-3448 Page 10 of 10 Support Service Number: P-94-130-00-000-21 RL_Specified_Agreement v111516 e/71-tte- /Dov--0-6 MEMORANDUM TO: Esther Gesick, Clerk to the Board August 9, 2018 FROM: Ryan Rose, Chief Information Officer '..-- SUBJECT: Oracle America, Inc. Annual Maintenance Agreement Oracle America, Inc. provides software to Weld County. The software is used by 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 annual maintenance renewal for their software. The requested amount is $196,521.44 for the maintenance. This agreement was reviewed and approved by Legal and the cost was budgeted for in the Human Resources department's budget. We ask that the BOCC approve the agreement as submitted. t3)--x-g-eit-t- ale-A-0,- pato-it 1 cc: =TCRR/M'T)9X 08'/DO/ 18' AO/7-,3//D _T' ooaf,- a BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Oracle America, Inc. Maintenance Renewal DEPARTMENT: Information Technology DATE: August 3, 2018 PERSON REQUESTING: Ryan Rose 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 annual maintenance renewal for their software. The requested amount for this service is $196,521.44. What options exist for the Board? (include consequences, impacts, costs, etc. of options): This provider specializes in selling this software which is utilized by Human Resources and Payroll to conduct their daily business. Recommendation: This provider specializes in -selling this software which is utilized by Human Resources and Payroll to conduct their daily business. The agreement has been reviewed and approved by Legal. It is recommended that the BOCC approve the agreement for the above specified amount. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair A> Recommendation .49444 Schedule Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF Information Technology AND Oracle America, Inc. This Agreement Extension/Renewal ("Renewal"), made and entered into 10th day of May, 2018, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Information Technolggi, hereinafter referred to as the "Department", and Oracle America, Inc. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2017-3110, approved on 9/6/2017. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement (US-PS-TSSA-1386804) dated September 6th, 2017 will remain in effect without change except:. • The Ordering Document for Support Services (Support Service Number P-94-130-00-000-21), along with the original agreement, constitute the entire understanding between the parties. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Oracle America, Inc Ilse De La Rosa Printed Name t—DocuSipned by: h. pc L rhsa Signature L5C0BC6572AC94ACdAtittitA) • ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair AUG 2 0 2018 Official or Department Head �/7- &/O ORACLE' 7 -May -18 Mary Truslow Weld County 1401 N 17th Ave Information Technology Greeley CO 80631 United States Dear Mary Truslow The technical support services provided under support service number P-94-130-00-000--21 will expire, or have expired, on 31 -Aug -18. Please find attached an ordering document for the renewal of these technical support services. If applicable, the attached ordering document may include technical support services that you have requested to order that are in addition to the technical support services that you are renewing. To prevent interruption to and/ or termination of technical support services, please complete your order for the renewal of technical support services, identified in the ordering document, by issuing a form of payment acceptable to Oracle in accordance with the Order Processing Details section of the ordering document on or before 2 -Aug -18. Have a question about your renewal? Call 1-888-545-4577 or email Oracle at sue.mccullough@oracle.com. Page 1 of 9 Support Service Number: P-94-130-00-000-21 RL_Specified_Agreement_v111516 CJRACLE' TECHNICAL SUPPORT SERVICES RENEWAL ORDER GENERAL INFORMATION OFFER EXPIRATION ORACLE: Oracle America, Inc. Support Service P-94-130-00-000--21 Number: Offer Expires: 31 -Aug -18 Oracle Contact Information: Oracle Premier Support Renewal Center Telephone: 1-888-545-4577 Fax: 7197576040 Email: sue.mccullough@oracle.com CUSTOMER: Weld County CUSTOMER QUOTE TO Account Contact: Mary Truslow Account Name: Weld County Address: 1401 N 17th Ave Information Technology Greeley CO 80631 United States Telephone: 970 400-2518 Fax: E-mail: mtruslow@co.weld.co.us CUSTOMER BILL TO Account Contact: Accounts Payable Account Name: Weld County Address: 1150 "O" St Dept of Purchasing Greeley CO 80631 United States Telephone: Fax: E-mail: @ "You" and "Your" as referenced in this ordering document refers to the Customer identified in the table above. Oracle may provide certain notices about technical support services via e-mail. Accordingly, please verify and update the Customer Quote To and Customer Bill To information in the above table to help ensure that You receive such communications from Oracle. If changes are required to the Customer Quote To and Customer Bill To information, please e-mail or fax the updated information, with Your support service number P-94-130-00-000--21, to Your Oracle Support Sales Representative identified in the table above. Page 2 of 9 Support Service Number: P-94-130-00-000-21 RL_Specifted_Agreement_v111518 SERVICE DETAILS Program Technical Support Services Service Level: Software Update License & Support Product Description Micro Focus International Ltd. Net Express COBOL for Windows PeopleSoft Enterprise Benefits Administration - Employee Count Perpetual PeopleSoft Enterprise Benefits Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 1100 Spending Administrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 1100 Resources - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 For North America - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 1100 North American - Employee Count Perpetual Oracle User Productivity Kit 15682346 1 Standard - UPK Developer Perpetual Oracle User Productivity Kit - 15682346 1100 UPK Employee Perpetual PeopleSoft Enterprise 15682346 110 ePerformance - Employee Count Perpetual PeopleSoft Enterprise 15682346 1100 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15682346 110 Resources - Employee Count Perpetual PeopleSoft Enterprise Human 15682346 1100 Resources- Enterprise Employee Perpetual CSI At Qty License Metric 14479191 1 USER 14484990 1100 VALUE 14484990 200 VALUE VALUE VALUE License Start Date End Date Levelf Type Price 1 -Sep -18 31 -Aug -19 2,738.98 1 -Sep -18 31 -Aug -19 27,940.14 FULL USE 1 -Sep -18 31 -Aug -19 1,447.62 1 -Sep -18 31 -Aug -19 7,926.08 1 -Sep -18 31 -Aug -19 39,154.37 FULL USE 1 -Sep -18 31 -Aug -19 1,651.61 FULL USE 1 -Sep -18 31 -Aug -19 1,651.81 1 -Sep -18 31 -Aug -19 33,331.41 FULL USE 1 -Sep -18 31 -Aug -19 2,793.99 FULL USE 1 -Sep -18 31 -Aug -19 5,122.32 FULL USE 1 -Sep -18 31 -Aug -19 1,399.85 LIMITED 1 -Sep -18 31 -Aug -19 7,683.68 USE OTHER FULL USE 1 -Sep -18 31 -Aug -19 1,053.10 LIMITED 1 -Sep -18 31 -Aug -19 13,659.54 USE OTHER Page 3 of 9 Support Service Number: P-94-130-00-000--21 RL_Specified_Agreement_v 111516 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric PeopleSoft Enterprise Payroll 15682346 110 Interface - Employee Count Perpetual PeopleSoft Enterprise Payroll 15682346 1100 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time And 15682346 110 Labor - Employee Count Perpetual PeopleSoft Enterprise Time and 15682346 1100 Labor- Enterprise Employee Perpetual PeopleSoft Enterprise UPK 15682346 1 eRnnefits (i ip to 4K nmpinynss and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK ePay 15682346 1 (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK 15682346 1 ePerformance (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK 15682346 1 Human Resources (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK 15682346 1 Payroll for North America (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK Time 15682346 1 & Labor (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual Websphere for PeopleSoft 15682346 1 Enterprise (Mfr is International Business Machines Corporation; Third Party Program) License Start Date End Date Level / Type Price FULL USE 1 -Sep -18 31 -Aug -19 1,193.54 LIMITED 1 -Sep -18 31 -Aug -19 5,122.30 USE OTHER FULL USE 1 -Sep -18 31 -Aug -19 1,053.11 LIMITED 1 -Sep -18 31 -Aug -19 8,110.34 USE OTHER FULL USE 1 -Sep -18 31 -Aug -19 1,396.99 FULL USE 1 -Sep -18 31 -Aug -19 1,397.01 FULL USE 1 -Sep -18 31 -Aug -19 2,793.99 FULL USE 1 -Sep -18 31 -Aug -19 2,793.99 FULL USE 1 -Sep -18 31 -Aug -19 2,793.99 FULL USE 1 -Sep -18 31 -Aug -19 2,793,99 FULL USE 1 -Sep -18 31 -Aug -19 0.00 Program Technical Support Fees: USD 177,003.55 Program Technical Support Services Service Level: Software Update License & Support Page 4 of 9 RL_Specified Agreement_v111516 Support Service Number: P-94-130-00-000--21 Product Description CSI # Qty License License Start Date End Date Price Metric Level / Type PeopleSoft Enterprise 15882346 110 FULL USE 1 -Sep -18 31 -Aug -19 913.69 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15682346 110 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll 15682346 110 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 110 Labor- Enterprise Employee Perpetual FULL USE 1 -Sep -18 31 -Aug -19 1,609.84 FULL USE 1 -Sep -18 31 -Aug -19 609.12 FULL USE 1 -Sep -18 31 -Aug -19 957.21 Program Technical Support Fees: USD 4,089.86 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty PeopleSoft Enterprise Benefits 14484990 200 Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 200 Spending Administrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 North American - Employee Count Perpetual License Metric License Start Date End Date Level 1 Type FULL USE 1 -Sep -18 31 -Aug -19 1,236.74 FULL USE 1 -Sep -18 31 -Aug -19 352.76 FULL USE 1 -Sep -18 31 -Aug -19 1,411.06 FULL USE 1 -Sep -18 31 -Aug -19 1,411.06 Price Program Technical Support Fees: USD 4,411.62 Program Technical Support Services Service Level: Software Update License & Support J Product Description CSI # Qty License License Start Date End Date Price Metric Level ! Type PeopleSoft Enterprise 15682346 220 FULL USE 1 -Sep -18 31 -Aug -19 1,259.50 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15682346 220 FULL USE 1 -Sep -16 31 -Aug -19 2219.19 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll - 15682346 220 FULL USE 1 -Sep -1B 31 -Aug -19 2,698.98 Enterprise Employee Perpetual Page 5 of 9 Support Service Number: P-94-130-00-000--21 RL_Specified_Agreement_v111516 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty PeopleSoft Enterprise Time and 15682346 220 Labor - Enterprise Employee Perpetual License Metric License Start Date End Date Level / Type Price FULL USE 1 -Sep -18 31 -Aug -19 1,319.56 Program Technical Support Fees: USD 7,497.23 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty License Metric PeopleSoft Enterprise Benefits 14484990 200 Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 200 Spending Administrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 North American - Employee Count Perpetual License Start Date End Date Level / Type Price FULL USE 20 -Oct -18 31 -Aug -19 986.65 FULL USE 20 -Oct -18 31 -Aug -19 1,125.70 FULL USE 20 -Oct -18 31 -Aug -19 281.13 FULL USE 20 -Oct -1B 31 -Aug -19 1,125.70 Program Technical Support Fees: USD 3,519.18 Total Price: USD 196,521.44 Plus applicable tax Please note the following: • If You have questions regarding the Service Details section of this ordering document, or believe that corrections are required, please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. • Please review Oracle's technical support policies, including the Lifetime Support Policy, before entering into this ordering document. Under Oracle's Lifetime Support Policy, the support level for an Oracle product, if applicable, may change during the term of the services purchased under this ordering document. If extended support is offered, an additional fee will be charged for such support if ordered. If You would like to purchase extended support please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. • If Oracle accepts Your order, the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services ordered under this ordering document will be provided through the end date specified in the table for the applicable programs and/ or hardware ("Support Period"). • If any of the fields listed in the Service Details table above are blank, then such fields do not apply for the applicable programs and/or hardware for which You are purchasing technical support services. Page 6 of 9 Support Service Number: P-94-130-00-000--21 RL_Specified_Agreement_v 111516 TECHNICAL SUPPORT SERVICES TERMS If the Customer and the Customer Quote To name identified in the General Information table above are not the same, Weld County represents that Customer has authorized Weld County to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein. Weld County agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer. Weld County agrees to advise Customer of the terms of this ordering document as well as any communications received from Oracle regarding the services. If the Customer and the Customer Bill To name identified in the General Information table above are not the same, Customer agrees that: a) Customer has the ultimate responsibility for payments under this ordering document; and, b) any failure of Weld County to make timely payment per the terms of this ordering document shall be deemed a breach by Customer and, in addition to any other remedies available to Oracle, Oracle may terminate Customer's technical support service under this ordering document. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which technical support has been paid, or for U.S. federal and public sector entities, the period for which services have been ordered. You should review the technical support policies prior to entering into this ordering document. The current version of the technical support policies may be accessed at httb://www.oracle.com/us/suogort/ooliciesfindex.htnt The technical support services acquired under this ordering document are governed by the terms and conditions of the US-PS-TSSA-1386804 ("agreement"). Any use of the programs and/or hardware, which includes updates and other materials provided or made available by Oracle as part of technical support services, is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired. This ordering document incorporates the agreement by reference. In the event of inconsistencies between the terms contained in this ordering document and the agreement, this ordering document shall take precedence. Page 7 of 9 Support Service Number. P-94-130-00-000-21 RL Specified_Agreement_v111516 ORDER PROCESSING PET_AILS Your order is subject to Oracle's acceptance. Your order is deemed to be placed when You provide Oracle with details for payment (e.g., Your purchase order, Your check, or a credit card confirmation for the order as detailed below) or an executed Oracle Financing contract. Once placed, Your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the agreement. Please note that unless You are a U.S. federal government or public sector entity, if the pre-tax value of this ordering document is USD $2,000 or less, the technical support services ordered (i) must be paid by credit card; or (ii) You must renew Your support via the Orade Store. Please contact Your Oracle Support Sales Representative for details regarding renewing Your support via the Oracle Store. Technical Support fees are invoiced Quarterly in Arrears. All fees payable to Oracle are due within 30 NET from date of invoice. Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle. If You are an U.S. federal government or public sector entity, Oracle will issue You an invoice quarterly in arrears after the services are performed. You agree to pay any sales, value-added or other similar taxes imposed by applicable law, except for taxes based on Oracle's income. Unless you are an U.S. federal government entity, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"). If Weld County is a tax exempt organization and is not an U.S. federal government entity, a copy of Weld County's tax exemption certificate must be submitted with Weld County's purchase order, credit card or other acceptable form of payment. PAYMENT DETAILS Purchase Order If You are submitting a purchase order for the payment of the renewal of the technical support services on this renewal order, the purchase order must be in a non -editable format (e.g., PDF) and include the following information: Support Service Number: P-94-130-00-000--21 - Total Price: USD 196,521.44 (excluding applicable tax) Local Tax, if applicable In issuing a purchase order, Weld County agrees that the terms of this renewal order and the agreement supersede the terms in the purchase order or any other non -Oracle document, and no terms included in any such purchase order or other non -Oracle document will apply to the technical support services renewed under this renewal order. Please contact Oracle per the General Information section above to issue Your purchase order. Credit Card If You wish to use a credit card to pay for the renewal of the technical support services on this renewal order, please contact Oracle per the General Information section above. Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD. Check If You are submitting a check for the payment of the renewal of the technical support services on this Page 8 of 9 Support Service Number: P-94-130-00-000--21 RL_Specified_Agreement_v 111516 renewal order, the check must include the following information: - Support Service Number: P-94-130-00-000--21 • Total Price: USD 196,521.44 (excluding applicable tax) - Local Tax, if applicable In issuing a check, Weld County agrees that only the terms of this renewal order and the agreement shall apply to the technical support services renewed under this renewal order. No terms attached or submitted with the check will apply. Checks for technical support services renewed under this renewal order should be sent to: AK, AZ, CA, HI, ID, NV, OR, UT, WA: Oracle America, Inc PO Box 44471 San Francisco, CA 94144-4471 All Other States: Oracle America, Inc PO Box 203448 Dallas, TX 75320-3448 Page 9 of 9 Support Service Number: P-94-130-00-000-21 RL_Specifed_Agreement_v 111516 MEMORANDUM TO: Esther Gesick, Clerk to the Board Sept 28,2017 FROM Ryan Rose, Chief Information Officer SUBJECT: PeopleSoft Annual Support Renewal BOCC Approval Date: October 4, 2017 Weld County utilizes PeopleSoft for its Human Resource and Payroll system. This agreement is to renew our annual maintenance for this software. We are requesting that the annual support agreement be signed by the Board. The cost of this renewal is $187,308.84. /0- `/,il ce-e67i,64-a-e �D✓O -// 17 Jil t) BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Oracle America, Inc. Support and License Expansion DATE: September 25, 2017 DEPARTMENT: Information Technology( PERSON REQUESTING: Ryan Rose g `-- 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 annual maintenance support of the software. The requested amount for this service is $187,308.84. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) This provider specializes in selling this software which is utilized by Human Resources and Payroll to conduct their daily business. Recommendation: The agreement has been reviewed and approved by Legal. It is recommended that the BOCC approve the agreement for the above specified amount. Approve RecoQmicndalion Julie Cozad, Chair Sean P. Conway Mike Freeman Steve Moreno Barbara Kirkmeyer Schedule Work Session Other/Comments: CONTRACT AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF Information Technology AND Oracle America, Inc. This Agreement ("Amendment"), made and entered into 27th day of'$gpternber, 2017, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of )hf$rhh$tion Chttology, hereinafter referred to as the "Department", and.Or3OldiAthertia, lug, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County CornrnissionerS as document No, 2017-aug, approved on 9/6/2017. WHEREAS the parties hereby agree to amend the Original Agreement in accordance with the terms of the Original Agreement, which Is incorporated by reference bereln, as well as the terms provided herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows; • The Original Agreement (US-PS-TSSA-1386804) dated September 6'^, 2017 will remain in effect without change except: The Ordering Document for Support Services (Support Service Number P-94.130-00-000--21), along with the original agreement, constitute the entire understanding between the parties. +i All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written: CONTRACTOR: Carlos Trujillo Printed Name Signature Weld C BY: .41d146) fie. ‘,.(C4,9;&k. Boa Deputy Clerk the oard BOARD or COUNTY COMMISSIONERS WELD COU , COLORADO Julie Cozad, Chair OCT A 2017 a.o/T-0//U CD RAC LE 18 -Aug -17 Mary- Truslow Weld County 1401 N 17th Ave Information Technology Greeley CO 80631 United States Dear Mary- Truslow The technical support services provided under support service number P-94-130-00-000--21 will expire, or have expired, on 31 -Aug -17. Please find attached an ordering document for the renewal of these technical support services. If applicable, the attached ordering document may include technical support services that you have requested to order that are in addition to the technical support services that you are renewing. To prevent interruption to and/ or termination of technical support services, please complete your order for the renewal of technical support services, identified in the ordering document, by issuing a form of payment acceptable to Oracle in accordance with the Order Processing Details section of the ordering document on or before 25 -Aug -17. Extended Support puts you in control of your Database, Middleware, and Applications upgrade strategy by providing additional maintenance and upgrades for Oracle Database, Oracle Fusion Middleware, and Oracle Applications for an additional fee. Please go to htlp Uwww_grstcle.cowlstiePs2111itielhitU-SuDP.Ortlre OutGs sArni or contact Oracle per the information listed below to learn more about Extended Support. If you have questions regarding your order or require further information, please contact me at the e-mail address or telephone number provided below. Regards, Oracle Premier Support Renewal Center Oracle Support Services E-mail: sue.mccullough@oracle.com Tel.: 1-888-545-4577 Fax: 7197576040 Page 1 of 9 Support Service Number. P-94.130.00-000--21 RL_Public_Sector Acceptance_v010915 ORACLE` GENERAL INFORMATION OFFER EXPIRATION ORACLE: Oracle America, Inc. Support Service Number: P-94-130-00-000--21 Offer Expires: 31 -Aug -17 Oracle Support Oracle Premier Support Sales Renewal Center Representative: Telephone: 1-888-545-4577 Fax: 7197576040 E-mail: sue.mccullough@oracle_com CUSTOMER: Weld County CUSTOMER QUOTE TO Account Contact: Mary- Trustow Account Name: Weld County Address: 1401 N 17th Ave Information Technology Greeley CO 80631 United States Telephone: 970 4002518 Fax: E-mail: mtruslow@co.weld.co.us CUSTOMER BILL TO Account Contact: Accounts Payable Account Name: Weld County Address: 1150 "0" St Dept of Purchasing Greeley CO 80631 United States Telephone: Fax: E-mail: "You" and "Your" as referenced in this ordering document refers to the Customer identified in the table above. Oracle may provide certain notices about technical support services via e-mail. Accordingly, please verify and update the Customer Quote To and Customer Bill To information in the above table to help ensure that You receive such communications from Oracle. If changes are required to the Customer Quote To and Customer Bill To information, please e-mail or fax the updated information, with Your support service number P-94-130-00-000--21, to Your Oracle Support Sales Representative identified in the table above. Page 2 of 9 Support Service Number. P-94-130-00-000--21 Rl_Public Sector Acceptance v01091S SERVICE DETAILS Program Technical Support Services Service Level: Software Update License & Support Product Description Cal k aty License Metric Micro Focus International Ltd. 14479191 1 USER Net Express COBOL for Windows PeopleSoft Enterprise Benefits 14484990 200 Administration - Employee Count Perpetual PeopleSoft Enterprise Benefits 14484990 1100 VALUE Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 1100 VALUE Spending Adminiatrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 1100 VALUE Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 For North America - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 1100 VALUE North American - Employee Count Perpetual Oracle User Productivity Kit 15682346 1 Standard - UPK Developer Perpetual Oracle User Productivity Kit - 15882346 1100 UPK Employee Perpetual PeopleSoft Enterprise 15682346 110 ePerformance - Employee Count Perpetual PeopleSoft Enterprise 15682348 1100 sPerfonnance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15882346 110 Resources - Employee Count Perpetual PeopleSoft Enterprise Human 15682348 1100 Resources - Enterprise Employee Perpetual License Start Date End Date Lovell Type Price 1 -Sep -17 31 Aug -18 2,659.20 FULL USE 1 -Sep -17 31 -Aug -18 1,405.46 1 -Sep -17 31 -Aug -18 27,126.35 1 -Sep -17 31 -Aug -18 7,695.22 FULL USE 1 -Sep -17 31 -Aug -18 1,603,50 1 -Sep -17 31 -Aug -18 38,013,95 FULL USE 1 -Sep -17 31 -Aug -18 1,603.50 1 -Sep -17 31 -Aug -18 32,380.59 FULL USE 1 -Sep -17 31 -Aug -18 2,712 61 FULL USE 1 -Sep -17 31 -Aug -18 4,973 13 FULL USE 1 -Sep -1T 31 -Aug -18 1,359.08 LIMITED 1 -Sep -17 31 -Aug -18 7,459.88 USE OTHER FULL USE 1 -Sep -17 31 -Aug -1a 1,022.43 LIMITED 1 -Sep -17 31 -Aug -18 13,261.69 USE OTHER Page 3 of 9 Support Service Number: P-94-130-00-000--21 RL Public Sector Acceptance_v010915 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI K Qty License Metric PeopleSoft Enterprise Payroll 15682346 110 Interface - Employee Count Perpetual PeopleSoft Enterprise Payroll 15682346 1100 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time And 15682346 110 Labor - Employee Count Perpetual PeopleSoft Enterprise Time and 15682346 1100 Labor - Enterprise Employee Perpetual PeopleSoft Enterprise UPK 15682346 1 eBeneflts (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK ePay 15682346 1 (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK 15682346 1 ePerformance (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK Human Resources (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual PeopleSoft Enterprise UPK Payroll for North America (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual 15682346 1 15682346 1 PeopleSoft Enterprise UPK Time 15682346 1 & Labor (up to 4K employees and up to $1 billion in revenue) - UPK Module Perpetual Websphere for PeopleSoft 15682346 1 Enterprise (Mfr is International Business Machines Corporation; Third Party Program) License Start Date End Date Price Level 1 Type FULL USE 1 -Sep -17 31 -Aug -18 1.158.78 LIMITED 1 -Sep -17 31 -Aug -18 4,973.11 USE OTHER FULL USE 1 -Sep -17 31 -Aug -18 1,022.44 LIMITED 1 -Sep -17 31 -Aug -18 7,874 12 USE OTHER FULL USE 1 -Sep -17 31 -Aug -18 1,356.30 FULL USE 1 -Sep -17 31 -Aug -18 1,358.32 FULL USE 1 -Sep -17 31 -Aug -18 2,712.61 FULL USE 1 -Sep -17 31 -Aug -18 2,712.61 FULL USE 1 -Sep -17 31 -Aug -18 2,712,61 FULL USE 1 -Sep -17 31 -Aug -18 2,712.61 FULL USE 1 -Sep -17 31 -Aug -18 0.00 Program Technical Support Fees: USD 171,848.10 Program Technical Support Services Service Levet: Software Update License & Support Page 4 of 9 RL _Public _aector_Acceptance_v010915 Support Service Number P-94-130.00-000--21 Product Description CSI # Qty License License Start Date End Date Price Metric Level I Type PeopleSoft Enterprise 15682346 110 FULL USE 1 -Sep -17 31 -Aug -to 887.08 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15882346 110 FULL USE 1 -Sep -17 31 -Aug -IS 1,562.95 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll 15682346 110 FULL USE 1 -Sep -17 31 -Aug -18 591,38 Interface - Enterprise Employee Perpetual PeopleSoft Enterprise Time and 15682346 110 FULL USE 1 -Sep -17 31 -Aug-18 929.33 Labor - Enterprise Employee Perpetual Program Technical Support Fees: USD 3,970.74 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty PeopleSoft Enterprise Benefits 14484990 200 Administration - Employee Count Perpetual PeopleSoft Enterprise Flexible 14484990 200 Spending Adminiatrati - Employee Count Perpetual PeopleSoft Enterprise Human 14484990 200 Resources - Employee Count Perpetual PeopleSoft Enterprise Payroll 14484990 200 North American - Employee Count Perpetual License Metric License Start Date End Date Level Type FULL USE 1 -Sep -17 31 -Aug -18 FULL USE 1 -Sep -17 31 -Aug -18 FULL USE 1 -Sep -17 31 -Aug -18 FULL USE 1 -Sep -17 31 -Aug -18 Price 1, 200.72 342.49 1 369.96 1,369.96 Program Technical Support Fees: USD 4,283,13 Program Technical Support Services Service Level: Software Update License & Support Product Description CSI # Qty PeopleSoft Enterprise 15682346 220 ePerformance - Enterprise Employee Perpetual PeopleSoft Enterprise Human 15682346 220 Resources - Enterprise Employee Perpetual PeopleSoft Enterprise Payroll - 15682346 220 Enterprise Employee Perpetual Page 5 of 9 RL_Pubiic_Sector Anceptance_v010915 License Metric License Start Date End Date Levell Type FULL USE 1 -Sep -17 31 -Aug -18 FULL USE 1 -Sep -17 31 -Aug -18 Price 1,222.82 2,154 55 FULL USE 1 -Sep -17 31 -Aug -18 2,620.37 Support Service Number: P-94-130-00-000--21 Proaram Technical Support Services Service Level: Software Update License & Support Product Description CSI N Qty PeopleSoft Enterprise Time and 15682346 220 Labor - Enterprise Employee Perpetual License Metric License Start Date End Date Levall Type FULL USE 1 -Sep -17 31 -Aug -18 Price N t? Program Technical Support Fees: USD 7,278.87 Total Price: USD 187,380.84 Plus applicable tax Please note the following: • If You have questions regarding the Service Details section of this ordering document, or believe that corrections are required, please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. • Please review Oracle's technical support policies, including the Lifetime Support Policy, before entering into this ordering document. Under Oracle's Lifetime Support Policy, the support level for an Oracle product, if applicable, may change during the term of the services purchased under this ordering document. If extended support is offered, an additional fee will be charged for such support if ordered. If You would like to purchase extended support please contact Your Oracle Support Sales Representative identified on the first page of this ordering document • If Oracle accepts Your order, the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services ordered under this ordering document will be provided through the end dato specified in the table for the applicable programs and/ or hardware. • If any of the fields listed in the Service Details table above are blank, then such fields do not apply for the applicable programs and/or hardware for which You are purchasing technical support services. Page 6 of 9 Support Service Number: P-94-130-00-000--21 RL_Publ Ic_Sector_Accepta n ce_v010915 TECHNICAL SUPPORT SERVICES TERMS If the Customer and the Customer Quote To name Identified in the General Information table above are not the same, Weld County represents that Customer has authorized Weld County to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein. Weld County agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer. Weld County agrees to advise Customer of the terms of this ordering document as well as any communications received from Oracle regarding the services. If the Customer and the Customer EMI To name identified in the General Information table above are not the same, Customer agrees that a) Customer has the ultimate responsibility for payments under this ordering document; and, b) any failure of Weld County to make timely payment per the terms of this ordering document shall be deemed a breach by Customer and, in addition to any other remedies available to Oracle, Oracle may terminate Customer's technical support service under this ordering document. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs end/or hardware during the period for which technical support has been ordered. You should review the technical support policies prior to entering into this ordering document The current version of the technical support policies may be accessed at hlto://www.orac.le.com/us/suoport/oolicies/index.htall. Please execute and return to Your Oracle Support Sales Representative a copy of the attached Oracle Public Sector Technical Support Services Agreement (the "agreement"). You agree that the technical support services acquired under this ordering document will be governed by the terms and conditions of the agreement. Oracle acknowledges that You may have acquired such programs and/or hardware under a separate agreement with another company ("separate agreement"). Oracle's requirement that You sign the attached agreement is for purposes of governing the technical support services only and is not in any way superseding the rights granted for the programs and/or hardware set forth in the order In which the programs and/or hardware were acquired. This ordering document incorporates the agreement by reference. In the event of inconsistencies between the terms contained in this ordering document and the agreement, this ordering document shall take precedence. Page 7 of 9 Support Service Number P-94.130.00-000-21 RL Public Seclor Acceplence_v0 10915 ORDER, PROCESSING DETAILS Your order is subject to Oracle's acceptance. Your order is deemed to be placed when You provide Oracle with details for payment (e.g., Your purchase order or a credit card confirmation for the order as detailed below) or an executed Oracle Financing contract. Once placed, Your order shall be nonrefundable, except as provided in the agreement. Technical Support fees are invoiced Quarterly in Arrears. All fees payable to Oracle are due within 30 NET from date of invoice. Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle. You agree to pay any sales, value-added or other similar taxes imposed by applicable law, except for taxes based on Oracle's income. Regardless of the form of payment: Unless you are an U.S. federal government entity, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"). If Weld County is a tax exempt organization and is not an 11 S. federal government entity, a copy of Weld County's tax exemption certificate must be submitted with Weld County's purchase order or credit card. Purchase Order If the technical support services on this ordering document will be ordered and paid under a purchase order, the purchase order must be in a non -editable format (e.g., PDF) and include the following information: Support Service Number: Total Price: Local Tax, if applicable P-94-130-00-000--21 USD 187,380.84 (excluding applicable tax) In issuing a purchase order, Weld County agrees that the terms of this ordering document and the attached Oracle Public Sector Technical Support Services Agreement supersede the terms in the purchase order or any other non -Oracle document, and no terms included in any such purchase order or other non -Oracle document shall apply to the technical support services ordered under this ordering document. Please e-mail or fax the purchase order to Oracle in accordance with the Remittance Details section below. Credit Card Confirmation If the technical support services on this ordering document will be ordered and paid by credit card, please complete the information in this section and return it to Oracle in accordance with the Remittance Details section below. The credit card used to make payment must be valid for the entire support services term. Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD. Credit Card Number Credit Card Type (Visa, MasterCard, AMEX, JCB (for Japan only)) Page 8 of 9 Support Service Number: P-94-130-00-000--21 RL Public_Sector_Acceptance_v010915 Expiration Date Billing Address (associated with Credit Card) City, State, and Zip (associated with Credit Card) Authorized Signature Name (as it appears on the credit card) In issuing this credit card confirmation, Weld County agrees that only the terms of this ordering document and the attached Oracle Public Sector Technical Support Services Agreement shall apply to the technical support services ordered under this ordering document. No terms attached or submitted with the credit card confirmation shall apply. Remittance Details Purchase orders or credit card details for the technical support services ordered under this ordering document should be sent to: Attn: Oracle Premier Support Renewal Center Oracle Support Services Fax: 7197576040 E-mail: sue.mccullough@oracle.com This ordering document shall become binding upon execution by You and acceptance by Oracle. Weld Cou uthorized Signature Julie A. Cozad Name Board of Weld Title Chair, County Commissioners OCT 0 4 2017 Signature Date Page 9 of 9 Support Service Number P-94-130-00-000--21 RL Publlc_SecIor Acceptancev010915 ool7-iw CONTRACT AGREEMENT EETWEEN THE WELD COUNTY otrastr eerrt Of INFORMATION TECHNOLOGY AND ORACLE AMERICA„ INC. lnfoc+ TO ff LIM" This Agreement for technical support services (the "Support Agreement), made and entered Into the 28th day of May, 2017, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Information Technology, hereinafter referred to as the 'Department", and Oracle America, Inc., hereinafter referred to as the "Contractor." WHEREAS the parties entered into the Oracle Public Sector Technical Support Services Agreement (the "Support Agreement") dated May 28, 2017, which Is incorporated by reference herein, is attached to this cover letter, and is Identified by Contractor as reference number US-PS-T55A-1386804. WHEREAS the parties hereby agree to the technical support services provided under the Support Agreement for the products set forth in any applicable support contract issued by Contractor to the Department (the "Ordering Document"), which Is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in conslderatlon of the premieres, this parties hereto covenant and agree se follows: The parties agree to the technical support services for the products set forth in any applicable Ordering Document for a five- year period, which will begin 5/28/20t7, and wWE end an 5/28/2022. This Support Agreement and any applicable Ordering Document constitute the entire understanding between the parties. The terms and conditions of the Ordering Document will control over this Agreement In the event of any inconsistencies. Any amendments or modlflcations to this Agreement, the Support Agreement, or the Ordering Document shall be in writing signed by both parties. cc • On elcn %A zTC F?R) c1/Cv(11 a7 -1c- !I 2017-3110 _iToct COMn1Acr YRIleMIT SETwf/N TNT WILD COUNTY linear Of 1NfONMA1ION TECHNOLOGY AND O*ACLE AMlRICA. INC. IN MINUS wNEREDp, the parties hereto have signed this Agreement this f h day of ` replatn bet , 2011 CONTRACTOR: Oracle America, Inc. By: Tthei Name: Kimberly Todd Title Deal Specialist, Deal Management Date 28-AUG-2O17 WELD COUNTY: ATTEST: CJO .dfi0,K BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY WELl) COUNTY, COLORADO Deputy Clerk to the Board u Cozad, Chair PROVED AS TO SUBSTANCE: Elected Official or Department Head f r. 00(1-3l la co =7000 5 *Jr p1P1.'r har '-,f IVViI r', Ar; Ra r'.Ffv- This Oracle Pubna Sector Technical Support Services ("Oracle') and the entity airmailed below in the Agreement (Mrs "Agreement') to between Oracle America, Inc. egnatun elodt 1. DEFINITIONS 1 I •Agreempri' refers to this Oracle Pubic Sector Technical Support Servos Agreement (including arty amendments l fsre{p). This Agreement governs Your use of the Technical Support Semmes (dented below) ordered front Oracle 1 2 "Hardware' refers to the computer equipment, including components, options and spare parts 13 kilegralsd Software" refers a any est(wweee Or OrOtmmmmWe obds Met to lel embedded or w llefeled to lie Hardware are enables the * ncpenagy of MO Hpdwva or (b) apetlboalr proutdad to Yee ay Oiads and epecicaly scrod of m emo ntoenyeq documentation. let on en Oracle webpaga dr Ue) we a nteolianlem than ecstales matslbion ter use with Your Hardware Integrated SmAwere does not Include and You do sal have rights to at code or furtGienaly for diaywssd, maintenance, repeat or tecteacal support aarvtmes, re (b) aepareltly sensed appMcatlona operatetg systems. devsepnent teats, or Welke management solalwre or Oder code that is separably licensed by Oracle For apedic t'$Mdware, kMagrst d Software includes Integrated Software Options eeparetely ordered. 1 4 "Operating System" refers to the software that manages Hardware for Programs and other software, t 5 'Produce" refers to Programs, Hardware, Integrated Software and Operating System l g 'Prognonsa' refers to (e) the software owned or debtat s@ by Oracle that You have ordered. (b) Program 4ocu entabon are (O► any Program update* acquired etrough technical meat Prognoses do not include wiagrated Software or any Operating System or any sonars release pew to general avplabuily (e.g., bete refuses) 1 7 'Program Oocum nesdon'refers to the Program user manual and Program installation manuals. Program Oomermsg en► may be dsdvated with the Programa. You may access Ina documentation online at ESSAILMELEESSIOMEMISSOM 1 5 "Saporito Terms" refers to separate license erne that are spooned in the Program Documentation, readmes or notice flies and that apply to Separately Licensed Third Party Technology 1 9 "Sepsrebly Licsnaad Third Party Technology' refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement, 1 10 "Technical Support Serulcee" refers to technical support services which You have ordered in accordance with this Agreement 1 11 "You" and "Your' refers to the entity that has executed these General Terms 2. AGREEMENT TERM Orders may be placed under Ibis Agreement for five years from the Effective Date (indrated below In Section 201 3. TECHNICAL SUPPORT 3 1 If Ordered, ennui, Tectincel Support Sesvir es (including And year and Ill subsequent years) ter Programs provided wider Orades Seaward Teohnteat Simeon Polices 'n elect et the dnta tee Technical Support Semmes bra provided You agree te coopers Met Oracle land provide the was. resources, moorage. personnel. llformetiWp and consents that Oracle may require in ardor to pattern It. Tedtrnmb Swoon Services Tye Otecte unwire TechrwCal Suwon Policies ere Incorporated in MN Agreement and it. fubleet to :hinge at Oracle's Supp0rt_rechnical Support Services Agreement - US Public Sectar_v0a301b US_ENG (EcnoSign) Page I of t J�TfloYl nuo.ruuautlur,gh_kslodd vJ discretion however. Oracle policy changes mil not mutt in I malarial reductor, sit the level of Technical Support Services provided lei supported Programs dunrnq the period for *Nth Nee for Technical Support Servecoa have been pad. You Ntould review the policies prior to eMemng into ate order for cite appica4N Tachnger Support Sandell* You may mesa the current version of the Orada Software Technical Support poloist at tgigAgagaugguggpago If You decide to purchase Technic* Support Services Tor any Program license within a away, sat. You aro ?emitted to purchase Technical Support SOrviees at the sem* Pavel for all *cense* within that Waned set You maydasupped a subset of'rCOnses in a license set only if You agree to terminate that subset Of scenes The rectiniCar support lees Tor the remarvng licensee will be paced m accardrines nett We *choreal auppod pestles in *Mid et the tone of temi'rishon Oracle's Stine sot definition re available in the current technical support policies If You decide nal *purchase technical support You may riot update any unsupported Program beanies with new versions of tine Program 3 1 if ordered annual Technical Support Services iuu WrHrq Aral year amt all Subsequent years; for Hardware ra provided under Oracle's Hardware and Systems Support Policies in effect at he time he Technical Support Services ere provided You agree to cooperate with Orece rid provide the access. resources melanins. per linnet, 'nfotmawn and consents that Oracle may require in order to perform the rochrucal Support Services the Oracle Hardware anw Systems Support Polic a* are incorporated in this Agreement and ere wblac to change at Oracle's discretion. however Oracle will not matenetfy reduce the *vet of Tedvncal Support Sena* provided during the period tar *pleat Nee for Teevueal Support Services nave been pad You should review the policies prior to entering into the octet Tor Technical Support Se vices You may access an OUrr*M version of rho Oracle Hardware and testerne Supped Policiae N 31 The Technical Support Services start date set forth in Your order shall serve as the commencement data of the Technical Support Semmes and Me Technical Support Services ordered will be provided through the end dale specified in Your order let the applicable Programs andlor Hardw re. a OWNERSHIP Oracle or its ilpenerbe retain all ownership and inteteClual property rights to the Programs. Operating System. Integrated Software and anything developed or delivered under this Agreement. 5. WARRANTIES. OISCLAIMERS AND EXCLUSIVE REMEDIES 5 I Oracle warrants diet the recto** Support Services ordered and provide° under inn Agreement MD oe provided Ha a pmbissionel manner consistent with industry standards You mull north, Oracle W ony Technical Support Service warranty deioandes Moen 50 days from performance of Me d0easnt racrinroal Support Service& 5.2 FOR ANY BREACH OF THE ABOVE WARRANTY, YOUR EXCLUSIVE REMEDY AND ORACLE'S ENTIRE UAEILITY SHALL BE REPERFORMANCE OF THE DEFICIENT TECHNICAL SUPPORT SERVICES: OR, IF ORACLE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT TECHNICAL SUPPORT SERVICES ANO RECOVER THE FEES YOU PAID TO ORACLE FOR THE DEFICIENT TECHNICAL SUPPORT SERVICES. 5.3 TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OP MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. INDEMNIFICATION 9 r To the extent not prohibited by new and suolect to sections it S. 9 3 and d r below its Meg parry makes a claim egavtit either sums or Oracle "Recipient which may refer 10 You or Oracle depending upon which party received the Materiel) that any'nformebon design, speafioaeon.rnslnicoon,software dole. hardware ormetanat collectively "Mstenet'i hfmnrhed ay either You or Oracle r'provda/ Much may rarer to You or Oracle depending sn which party prolnded the mimeo;) ind uaad by the Raiment infringes the thee party's meeIaCtual Oroperty rights. the Provider, at are Providers sole cost and expense, w*11 defend the Recipient against the claim and ndemndy Me Recipient from the damages, lebdrhas coats and sapenses awarded by the Court to the Ord party darning infringement or btu Settlement agreed to ay we Penner if the Rees:vent does the toltlw tnq a notifies the Provider promptly in writing. not later than 30 days after the Recipient receives notice of the claim (or sooner it required by applicable; awl; p ripe : ;t b. grate the Provider sale control of the defense and any settlement negotiations, to the extent permrdby law, and c- gives the Provider the information, authority and assistance tire Provider needs to defend against or settle he Clem_ 6 2 If the Provider belleelle 6r 4 ee dateenui.d that any of anal MM%nal may nave violated a third party's nMaectun( properly myna the Pretreat May Wade lo either modify the Materiel to be non infringing 'while auba(anhay preserving its 'ashy or haletronsttty t or Olsten a 'ranee to allow for continued use, or it these eaemenves ere oat commercially reasonable Me Provider may erne the scene* for and require return of ate appncatee Material and refund any fees the Rearptent may trays pad to the Other Orly for of and if Oracle ,s the Provider of an mrnnging Program, any unusedprepaid teahnlcsl Support fees YOU have pad m Oracle for the license of the vehl,ging Program, wf any If such return materially aNects Ofede's ability to meet is obligations under she relevant order Mon Oracle mayat its oaten and upurt 30 days prof written notice. ferrwnete the order 63 Nolwrlhelandtng the provisions of section 6 2 end mutt 'aspect to nardeOre tiny, of the Provider believes or n le determined that the hardware (or portion (hereof) rely hove violated a third party a intellectual property rghte, the Provider may choose to either replace or manly the madman) (or portion thereof) to oe non infringing twllle subetanbaty ore lancing as ubtily Or hrncbonallly) or obtain a right to allow her ree etinued use. or d these alternatives are notcommeroely reuoneole. the Provider may remove the appucab(e hardware or portion thereon and (*fund the net book vain* eon, it Orecie is the Provider of Wringing Hardware, any unused. eroded technical eu ours fees You have pad la Oren. e. for ma Hardware, if any 6 4 In the event that the Meanal is Separately Licensed 'bird Party rechnolagy and till associated Seoerete Torma 4o not stow armmabon of the Weise. in feu of ending the uoense for tie Material. Oracle may end the scene for era require room of, the Program associated with list Seoarewy'dented Third Perry recnnotagv and lhaa refund any Program license lees You may have paid to Oracle for the Program 6 S Provided You are a :unreel satiate, to Grade reehnica Support Sarvecee her late r7parahng system le g Oracle Premier Signiori for Systems, Oracle Premier Supped for Operating Systems Or Oracle Linea Partner Support), Mon for the period of erne for which You were a Subscriber to ire aoplicebte Oracle Technical Support Services fel the pirate 'Materiel' above n section 6 i anal include the Operating System and the Integrated Software and any Integrated Software Optona That You have ',pronged and Ill the phrase Program(a) m this section 6 n relaacod by the olrrase `Program(,► u the ;)eerabng System or Integrated Soaware or Integrated Software Options ;tie applicaolel (I 0., Oracle rag not mamma"? You for Your use of the Operating System audio, integrated Solwere endror integrated Software Option *nen You sera not a subscriber to the aepticabte Ora le Nomad Support Serwettat Notwithstanding the foregoing. with reseed ealeiy to the Uncut operating system, Oracle will not indemnify you for materiels that are not pert of the Oracle Leiter Covered tea as leaned at tniatf700n alarm srtisnur000tAki<rYirtvgam cowl isinQiacagran ,IMA7loth 6 6 rho Provider will not indemnity 'he Recipient d the Recwtent Pant Material or uses it outside rho scope el ow identified in the Provider's user documentation or of the Recent uses a version of Material which has been superseded, it the in*tngernenl dawn could nave been swelled oy wing an unaltered current version of Matanal which we, provided Id the Recusant or if the Recipient continual to use Me appkcaofe Material after the end M the tioenre Io iota that Materiel the Provider will not nnemniy the Recipient to the extent that an infringement Olive a based aeon wry information ileegn speoncarmn nnmic(rnn software mire or motional not 4imrenerr oat the Provider Oracle wit not indemnify You rot any portion of an infringement Omni Cat .5 based open me iumbataton of any Mtatenal wneh any products Or SWAMIS not provided tat Oracle Solely with respect to Separately L.aensed Teo Patty reannotogy that is pert of or it required to use a Program and that is used tat in unmaahsn rorm ibi es part al ur as required to use a Plugrsm and (CI et accordance wrath the 'tones grant for the relevant Program and all other awns and conditions of thus .agreement. lade writ •ndeinndy You for mtnngement 'Jeans for Separately Licensed reed Party Technology to no fame extent de Oracle a required to provide infringement .ndernnteCat,n twine Program under 'MINIM'S of this agreement Oracle will -tot indemnify You. for .nfnngemenl **used by Your actions *gainer any had arty .f the Progremtsf as delivered to You and used in aucordence inn, the terms of tie a Agreement would not Olherwhee aftlege any Mild party otelteauai property moms Creels writ not indemnify You or any 'genectual property ntmngement CiWntel known to You at the time t'Geni a notes xe obtained 8.7 rills section provides the paliec' exclusive remedy ter any infringement claims or damages. Support _Technic* Support Services Agreement - ti; Punk seelor_vu4aot5_US_ENG (EchaSigrl 3110691 sue.mccnUmtyh Itslndd vd Purge I lf 7 7. TERMINATION r 1 II either of us breads a material term or bum Agreement end hide to correct me breach avlh.n 30 days of written aooCihcaeon of the breach than he worsening party is.", default and Mignon breaching party may terminate this Agreement If Oracle terminates Me Agreement as seeciMsd n the preceding Sentence. You must pay within 30 days as amounts *Mich nave accrued finer to such tarimnetion, as sell as ace sums remaining unpad !pr Technical Support Senoras received under tee Agreement plus related taxes aid expenses, tutcept for nonpeyrantnt of tsos the non•oreecmrig party may agree n ins Tab dlacrepon to Wane 'he 30 day pared for so tong as the breaching party continues 'Dasonable Masts to cute the bleach You ewes Chet 't Vat, are It detaat under aloe Agreement You may not use rodeo rnchnical Support Service entente 2 You may terminate lies Agreement al any time without CAuso by (Meng Orate 30 days prior written notice of such tdrmrnetran If You aid this Agreement as specihnd in the Preceding sentence Yea agree You must pay witttin 30 days all amounts wniCh neve alui,ad pour hl ttie rind Of INS Agraisnront as mei as ale sums contenting untied) our t,CQMCst Support Services received order this Agresme nt aka appecabb related tines and asperities it any) 7 3 If You have used a contract with Oracle or an unite et Oracle to pay Mr the fees due under an order and You are in default under that contract. You may riot use the Technical Support Services that ere subject to such contract r 4 Your obttgabon shell cease'mrnediatnly Mihnut penally or future payment being regaled d, n any Saoal year. Me funding source (rate to sperapnate funds for purchaseprovided. however that f t t with each, executed order you mute nave provided bolls of the roiloweig ;al a signed ordering document referenpng thes egreernenl. and ibl a pwchaae order and 12) your aignafure on an antenna document Meowing this agreement aed '9euance of a Purchase oven by you shall signify to Oracle 'het el hinds Mr thy order neva oewn May approprlanie and are oveaabte and no Witter silliest to any apOropnetlons Contingency Nory sthetaneaq that loreeping you agree to pay for ail programs sunned and Snni,ces performed by Oracle prior to Orecse`s receipt of your notice of non aporopnaeons 7 5 Provision 'hot survive leteenetion or expiration are Mons relating to limitation of liability, irdnngement Indemnity, payment aid ethers alekh by their nature are intended to survive. a_ FEES AND TAXES; PRICING, INVOICING AND PAYMENT ObLIGAnION 0 t ell ales Divab's Id Oracle are due within 30 days from the inmate date You manta to pay any safeevalue added or War sunder taxes moan, of applicable law that Oracle must pay based on the Technical Support SarriceS You orderedexcept 'Or taxes based on Oracle's .none Relmbuis ment d expenses metered to the provleren of any Tec niCal SUpporl Setvalea. it anywig be aoaressed .n the relevant artier a dlor Statement of wont 4ar such Technical Support Sewell d 2 You mrMrsre1'd that van may receive multiple invoices Son the Technical Support Services You ordered invoices will oat sut:e mbed to You pursuant to Oracle's Invoicing Standards Poky. wrecn may be accessed at nttp..N,pfifii9 Camrtgn([.tl 1 9. NONDISCLOSURE g t This Section 9 (Noltd'edosure) does not apply tO the extent that boilfirteriere'nformaban, as monad below. 'a mowed tone etsaleeed by apoileable law ncludmng ine Celeste Open Records Act, C R S § 24.724201 et sag Notwthatendung bee toregomg. '1 you receive a request far dusrtosura of Oracle cunh entat informationyou agree to promptly matey Oracle can wnbng and giro Omits an apportun,ty to request ;sonhdennraaty orotectwn Mr any nlormabon to Which {pis inlay 'deny atxaeaS ander Hsu g 3 Sy vine et this Agreement Mrs panes may have access to nfonnabon that 'a confidential In One another "Cenfdentlal Information") We each agree to disclose only'nfonnseon met is required for the oudormerr7 of Obligations under this Agreement !:ottrrdenhal Inurmahon shall oe smiled iniomtabdn dearly 'denbh l as 'tonfdeetial at she lane el disc osure Y 1 A onny's CiinridentW tnearmatron shag not 'mires nbrmaeon 'hat tsl is or becomes a part of the puoifc dnmann Ihro.igh On ail or ianatamon •N the other party its' was n It'll usher party.. lawful posfafsion poor to rho dlscinsrrre and nod trot been Obtained by the other party Oahe, daet1ly or'adlmectly from the disclosing pally, lcl's Support ectigicti 3tipuort SoySarvces .l.3ieinionl 05 Punk Sectrty0a;0 ift_ JS_ENG IEctioSl C' I Page 4 ut S iinrhu ,aC intitni kingh k.+indtl v l lawfully disclosed to tie other party by a third party without reatrichOn an the disclosure. or (d) is independently developed by the other party P e Strbled to lie appanebte few. we *nth some not to disclose each ether's Coneoenhet Information to any Sant party rimer than those set torah w Oa following sentence bra period of dime years from rM date of the dredoWhg party a disclosure or the Conedentral Information to tie rednverg OMB' We may dlsctofe Conifdenned Information Only to those employees or agonte or subcontractors who are required la protect it against unauthorized disclosure m a manner no less protecive 'hen under thu Agreement Nailing snap prevent saner party from diedoang the terms or among under the Agreement or orders submitted under flu Agreement n eny'eget proceeding *dertg from or a ecnnechOn with Mu Agreement or drsdoang'110 Confidential information to a governmental entity as amused by taw. In the event you receive a veld request for Oracle's COnSdeI .I Informaton pursuant to applicable raw, You wait provide Oracle with reasonable notice of such request and give Oracle an opportunity to obled to or end any such disclosure 10. ENTIRE AGREEMENT t0 1 You agree mat Ins Agreement and the inermeeon eAucl s ecorporatad alto flu Agreement by whiten reference (Including reference to nWnnafon cnnlerned in a URL or referenced policy), together with pre applicable older any the complete agreement for the Teclr oCal Support Senecas ordered by You end supersede an poor or contemeornneoua agreements Or representations written or oral, regarding each Terhnr,al Srrepn rt Services l0 2 ft u exoresaly agreed that me ferule of this Agreement and any Owe order strati supersede the terms in any purchase order trocurement ,niarrhel aortal or any Other similar nOn •Oracle deraiment and no wane 'aoudad m any such !Arduous orderportal or other non•Ormite document shall apply to me Technical Support Services Ordered in the event of any nconeutenchea between the terms of an order and the Agreement the order geed tabs precedence The Agreement end Orders may not be modified end me rights and rasincho a ,ray WI be altered Or waived exceot in a writing signed or accepted online Ihreugn the Oracle Store by eulbariaed representatives of You end of Odder Any mace rebutted under mu Agreement shell be provded to the other pony i wntng II. LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT. INCIDENTAL. SPECIAL, PUNITIVE. OR CONSEQUENTIAL DAMAGES. OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE'S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT. OR OTHERWISE. SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THE ORDER GIVING RUBE TO THE LIABILITY. AND IF SUCH DAMAGES RESULT FROM YOUR USE OF TECHNICAL SUPPORT SERVICES, SUCH LIABILITY SHALL SE LIMITED TO THE FEES YOU PAID ORACLE FOR THE OEFICIENT TECHNICAL SUPPORT SERVICES GIVING RISE TO THE LIABILITY. 12. EXPORT Expos taws and regulations of the United States end any dear relevant nrCet expert awe and regulations apply to Me Technical Support Senecas You agree that such salon Irmo govern Your use of any Techrtcel Support Services deavereblea provided under this Agreement and You agree to comply with all such export lows and regulation, ;nchutitg deemed copal' and doomed re airport regulationSO You agree met no data, ntgrmauan, Product endtor materials resulting nom raceme' Support Services for direct product i areof will s exported directly or indiradty m viaehon of theta ewe, Or well be used far .env purpose prohbrred e1' dleee taws including. without lirnnaann, nuciear. chemical, or bulogrcal weapons prorrferarnn, ordevoloprnent of missile technology 13. FORCE MAJEURE Neitler of us Shea Ae reaponerbre for faihrm or delay of performance ,1 Cenfad try an act of war nostriuly. Or saoolage, act or God, pandemic, electrical rnierraf Or telecommunication outage that is not caused by the obligated party government restrictions (including modems! or cancellation of any export oval or nlf'er n censs ) other avant outs** Ilto'easonabla control of Ilse obligated puny ion b0lh will use reasonable efforts to metals the dew tit a `urge madeure event 11 such event rcgntimies br more than 3C days. other of us may cancel Suppert_Tachnical Support Services Agreement - l.5 Public Sector_v043015_US ENG (EchrSign) Page 5 tt 7 5770691 sua,mcculinugh_hstorid_v4 unperformed rechnca SUOQOWt Service and affected orders upon written notice Thy section does not excuse getter party's oblgabon to take reasonable steps to follow its normal Jreaster recovery procedures or Your abugatron to pay for Technical Support Services ordered or delivered te. GOVERNING LAW AND JURISDICTION This Agreement a governed by [he laws of tine State of Colorado 15. COMPLIANCE WITH LAWS Oracle ahwe comply with all laws to the extent drat such taws• by Mew terms are eds essly sppltcabte to Oracle s delivery of Services under the Master Agreement and 'mina obligations deadly upon Oracle in ale rote as en informelton technology services presider with respect to the Services performed urger this agreement Notwithstanding the foregoing sentence, to the extant You may provide Oructe access to health, payment card or other sensitise personas nfoemahon that regimes the application of specific regulatory. legal Or industry data security obligations. You and Oracle agree to specify such security obligations in the apphceble order for Sefyidas Your data may be maintained in one of several Oracle data centers globally and/or accessed by Oracle's global resources as requaed to perform Services under Mit agreement You shell comply with el time to the extent that such laws by trait tem+a, are expressly applicable to Your use and receipt of Services under thIs agrHment and moaae obligations directly uoon Ynu with respect to the Servies perinrmed under this agreement It. NOTICE .1 You have it dispute wren Oracle or if Y0u wnah to provide a notion under the Indemnification section of this Agreenient, or d You become sub cOt to insolvency or other similar togas urvi.amdmys. Yvu will gcomptly send written notice to Oracle Amenca Inc.!00 Oracle Parkway, Redwood City California Untied States 90085. Attention General Counsel, Legal Department 17, ASSIGNMENT You may not assign tins Agreement or give or transfer any rsann:cat Support Servicsb or en interest in them ro another individual Of entity N You grant a eetunty interest in soy Technical Support Servtcos deliverablesthe secured party nail nor ogle to um any Technical Support Services deliverables, and if You decide to Manion Yale acouautmn of any recsnscel Support Services You me fopow Oracle's pesetas regarding Mincing which are at h_ limmit td'ARIfliOtkpsts The fnrwgnrng shall not be construed to lawn the rights you may *Menem) nave with respect to !mw I mint opentbng system end/ party technology Of Seoaiatety-,_'cement than Party Technology tosnsed under open source or similar license tomes It, GOVERNMENTAL MNMUNITY No lame or cambial', Of thiS agrew r ant swan 'nlerprared as a waiver engross W uriplad of any at the immune** rights benefits wotedions or other provisions. tit Ile Colorado Governmental tntmunity Act 44Z& t0-tOt et seq as applicable now or sweatier amended Any Claim of -yopyrtgtw .nfnngement shall not be considered a Yotr' for purposes of the Gatorade •C0vrtrnmentel Immunity Ad 1 s. OTHER 191 Oracle a an mrtopardent contractor and we agree Chet rid oartnerehip, bent venture, o' agency rolatla+anp mists between us We each will be ieaponsible for paying our own emptayees, Including employment related taxes and neurones 19 2 If any term of this Agreement is found to be invalid or unenforceable, (rte remaining provisions will rumen effective and such term Shea be replaced with a term consistent with the purpose and intent of this Agreement 17 J EaceOt for actions for nonpayment or breach of Oracle's proprietary retests, no action regardless of form. aiming out of or relallng to this Agreement may be brought by either party matt than two years alter the cause of aCdyn nab accrued. le 1 Products dad Technical Support Services deliverables are not designed for or specifically intended for use .n nudes,. faWNles a other hazardous appbceldns You agrta got t id/ Your responsibility to ensure sale use of Products and Technical Support Services dnatverebles .n suds sppaphega Suppon_technicel Support Services Agreement - US Public Sector vW]013 US_ENG (EchoSign) Page Sal 1770601 ale.macultu ugh ksniud_wi 19.5 Tho U lvtorrn Compu for Information Transactions Actdors not apply to this Agreement or orders placed under it. Ia b Wei underatw,l 1he1 U nice', ousevpe0 Marna#, 0$c(u0'np any Mae poly isms ,,Word by You 10 Oro+,lde otnrultkp aetv{tsa ate ndrpanart of trade and are not Oradea agents Owls 1s not rents for nee pound oy arty acts of any a4di tuataosa Patinas uremia p) to buses= pirbie► a pwyrobtp samosa as en Mudd wocontrecIo, In bnhrtenoa of an order Mimed wider US* Agreement emu l) only to Ihs same coon, p 004co wetted ba respon►ere rbr the amloomenco 04 0rock raaowrcaa tarter that order I0 S For agar, In Otat la part of Proyerns, Op.mnng Systems. Mtngmt0M 9MMame or Inteyrital Sotwont Optalns (0' ye !cur, one fa) not you mc.Iwa (*0 Orade et binary roan and Oa) that w +trwnsed under en Open aorri:a icanae Mai gives Yee 'he dpM to Motive On Sauna cods for that only, You may obtain a copy of the satalcabte source axle cote gighagmagarauphamisollor MIP_I(»wrr oral, ccnfpteoloponsomo c oa. d the sot", code for such adhere nes not pmaldad to You eel ea binary, You may also rooters a copy of ate fuur0S cede on payee* mecla by satiating ng a wethen omen pursuant to the Inalmclaa in Ito ''hnben Olfer for Sonnet Cod,' s,cnon a Molitor wabetfo 20. AOR!!NtetT erreciive GATE The Eflwtive Oats of Ihie Agrwmanl (s May 20. 7017, seal or Weld County cornmleetmrn • c: Ills Oversee Defy US•PS-1'SSn 1588804 Julie A. Cboad Cht.LC. _MCC 2!61;7 Orece America, Inc. Signature Nem• Tills Signature Data ytr0/tty iVL ORACLE 5.TINEO FIRST • lout ugtmlum, peened name, Ila, one vr5nalwn Mere'n ea .ypyeNre abcft above we net nay himMMntnn ch,npna 'e era ontelnp 4Wmfilan1 Mal all Ina acreolnk t;mnp Chang* Ie cue ordering '1U[t;trlet't handwtltlen of 0th0nNse. win render this abler rg rbcurnnni nod And mid urines at.rh 'nenpaa harm been aWrc,acealy awned lu hf IIWh manse as *Ming 51, snarl r. !'n r I Su000d 9erricas ykxenot,I I J51 PuMy Seder �Calots l.S.ON4 (EcnoSenI ,, . al "0041 suc mcCullnuah Ullakl ra - aoci-3iio(t) z-r0005 Hello