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Home My WebLink About20182278.tiffNKfaxiihst-tectsit-1 MEMORANDUM TO: Esther Gesick, Clerk to the Board July 5, 2018 FROM: Ryan Rose, Chief Information Officer SUBJECT: PeopleSoft License Expansion BOCC Approval Date: July 16,2018 Weld County utilizes PeopleSoft for its Human Resource and Payroll system. Each year Accounting is required to provide an employee count to Oracle. This agreement is to expand our licenses to adhere to the licensing terms. We are requesting that the license expansion agreement be signed by the Board. The cost of this expansion is $19,022.85. 2018-2278 bAssika- du/ 4 a BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Oracle America, Inc. License Expansion DATE. June 13, 2018 DEPARTMENT Information Technology PERSON REQUESTING Ryan Rose VZ,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 expansion of the licenses which is based on employee count provided to Oracle America, Inc. by Accounting The requested amount for this service is $19,022 85. 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 Steve Moreno, Chair Sean P Conway Mike Freeman Julie Cozad Barbara Kirkineyer Approve Schedule Recommendation Work Session Other/Comments- DocuSign Envelope ID 5O536770-68E8-447E-A2B4-66657BEB0360 ORACLE' ORDERING DOCUMENT Oracle America, Inc. 500 Oracle Parkway Redwood Shores, CA 94065 Your Name Your Location Weld County 915 10th St Greeley CO 80631 Your Contact Phone Number Email Address Barb Connolly 970-356-4000 bconnollyeco.weld.co.us Programs and Program -Related Service Offerings Enterprise Programs Product Description / License Type Quantity PeopleSoft Enterprise Time and Labor - Enterprise Employee 110 Perpetual Software Update License & Support (*)PeopleSoft Perpetual Enterprise Payroll Interface - Enterprise Employee 110 Software Update License & Support (*)PeopleSoft Perpetual Enterprise Human Resources - Enterprise Employee 110 Software Update License & Support PeopleSoft Enterprise ePerformance - Enterprise Employee Perpetual 110 Software Update License & Support Fee Description Net Fee Program Fees 15,592.50 Program -Related Service Offerings Fees 3,430.35 Total Fees 19,022.85 A. Agreement and Modifications to the Agreement 1. Oracle Contract Info - PSFT SLSA ORACLE CONTRACT INFORMATION Agreement: Software License and Services Agreement Agreement Name: US-PSFT-SLSA-PS1653-US-20-JULY-94 This ordering document incorporates by reference the terms of the agreement specified above. Oracle America, Inc. is a successor in interest to PeopleSoft USA, Inc. and has assumed all rights and obligations of PeopleSoft USA, Inc. under the agreement. All references to "PeopleSoft USA, Inc." in the agreement specified above and this ordering document shall mean Oracle America, Inc. (hereinafter "Oracle"). The following defined and capitalized terms in the referenced agreement between you and Oracle shall have the same meaning as the stated terms in this ordering document: "Agreement" and '`agreement", "Licensee" and "you"! "your"; "Software" and "program'',"Support Services" and "technical support"; "Documentation" and "program documentation"; "Third Party Software" and 'third party programs': "Schedule.' and "ordering document"; and "Supportable Modules" and "supportable programs" 6735858 - 2 Issued by Oracle America, Inc. 07-JUL-2018 Page 1 of 5 oZo zOa7? DocuSign Envelope ID 6C536770-68E8-447E-A2B4-66657BEB0360 B Description and Fees for Ordered Programs and Services 1 Summary of Fees Listed above is a summary of net fees due under this order All fees on this order are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes 2 Technical Support Services You have ordered Hardware and/or Programs and 12 months of technical support services C General Terms 1 Commencement Date All program licenses and the period of performance for all services are effective upon the effective date of this ordenng document If shipment of tangible media is required, the program licenses and the period of performance for all services are effective upon shipment of tangible media 2 Territory The Program licenses included on this order are for use in the U S 3 Fees, Invoicing, and Payment Obligation a Once placed, Your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the Master Agreement b Program -related Service Offering fees are invoiced in arrears of the Program -related Service Offering performance specifically technical support fees are invoiced quarterly in arrears The period of performance for all Program -related Service Offerings is effective upon the Commencement Date c In addition to the fees listed herein Oracle will invoice you for any applicable shipping charges or applicable taxes d In entering into payment obligations under this order, You agree and acknowledge that You have not relied on the future availability of any Program or updates However (a) it You order technical support the preceding sentence does not relieve Oracle of its obligation to provide such technical support under the Master Agreement if and when available, in accordance with Oracles then current technical support policies, and (b) the preceding sentence does not change the rights granted to You under this order and the Master Agreement 4 Pricing Invoicing and Payment Obligation a In accordance with the agreement (i) license fees are invoiced as of the commencement date, and (ii) service fees are invoiced after the performance of the service specifically technical support fees are invoiced quarterly in arrears from the commencement date b Provided that you comply with the delivery terms in the Delivery and Installation Section of this order, in those Jurisdictions that exempt from sales or use taxes electronically downloaded software Oracle will not invoice you for those taxes based on the net license fees and net technical support fees for the programs listed above delivered via electronic download and for all updates to these programs delivered via electronic download 5 Delivery and Installation You are responsible for installation of the programs unless the programs have been pre -installed by Oracle on the hardware you are purchasing under the order or unless you purchase installation services from Oracle with respect to those programs b Oracle has made available to you for electronic download at the electronic delivery web site located at the following Internet URL http //edelivery oracle com/ the programs listed above Through the Internet URL you may access and electronically download to the location indicated in this order the current production release (I e , as of the effective date of this order) of the software and related program documentation for each program listed above Please be advised that not all programs are available on all hardware/operating system combinations For current program availability please check the electronic delivery web site specified above You acknowledge that Oracle is under no further delivery obligation under this order electronic download or otherwise Provided that you have continuously maintained technical support for the programs for the licensed quantities listed above, Oracle will make available to you for electronic download the updates provided under technical support to the programs listed above Should you require a replacement copy of the software or program documentation, such replacement copy shall also be delivered electronically You shall not be entitled to any replacement copy in the form of tangible media for the software or the program documentation You acknowledge and agree that (a) as of the effective date of this order you have not received any tangible media for the programs listed above (b) any rights to receive tangible media granted under the agreement shall not be applicable to or provided for the programs listed above or for any updates to 6735858 2 Issued by Oracle America Inc 07-JUL-2018 Page 2 of 5 DocuSign Envelope ID 6C536770-68E8-447E-A2B4-66657BEB0360 these programs (c) you have requested to receive via electronic delivery all updates for the programs listed above that are provided by Oracle under Oracle's technical support services, and (d) you are solely responsible for ensuring that you do not order tangible media from Oracle for the programs which you receive via electronic delivery or for any updates to these programs In the event that you order updates for delivery via tangible media shipment (e g , shipment of CD Pack(s)), sales taxes and interest may be due and you agree to reimburse Oracle for any applicable sales taxes and interest (the interest rate used will be the applicable state's rate on sales tax underpayments) related to acquisition of such updates (as specified in the agreement) 6 Source Code Oracle may deliver source code as part of its standard delivery for particular programs, operating system or integrated software, all source code delivered by Oracle is subject to the terms of the agreement, the applicable order and the applicable program documentation 7 Segmentation The purchase of any products (i e , hardware (including integrated software and operating system) and programs) and related Service Offerings or other Service Offerings are all separate offers and separate from any other order for any products and related Service Offerings or other Service Offerings You may receive or have received from Oracle You understand that You may purchase any products and related Service Offerings or other Service Offenngs independently of any other products or Service Offenngs Your obligation to pay for (a) any products and related Service Offerings is not contingent on performance of any other Service Offerings or delivery of any other products or (b) other Service Offerings is not contingent on delivery of any products or performance of any additional/other Service Offenngs You acknowledge that You have entered into the purchase without reliance on any financing or leasing arrangement with Oracle or its affiliate 8 Order of Precedence In the event of inconsistencies between the terms contained in this order and the Master Agreement, this order shall take precedence This order will control over the terms contained in any purchase order 9 Offer Validity This order is valid through 31-AUG-2018, and shall become binding upon execution by You and acceptance by Oracle D Technical Support 1 Technical Support Policies Technical Support For purposes of the ordering document, technical support consists of annual technical support services You may have ordered for the Programs If ordered annual technical support (including first year and all subsequent years) is provided under Oracle's technical support policies in effect at the time the services are provided The technical support policies incorporated in this agreement, are subject to change at Oracles discretion however, Oracle policy changes will not result in a material reduction in the level of services provided for supported Programs during the period for which fees for technical support have been paid You should review the policies prior to entering into the ordenng document for the applicable services You may access the current version of the technical support policies at http //oracle com/contracts Technical support is effective upon the effective date of the ordenng document unless otherwise stated in Your order If Your order was placed through the Oracle Store the effective date is the date Your order was accepted by Oracle Software Update License & Support (or any successor technical support offering to Software Update License & Support, SULS ) acquired with Your order may be renewed annually and if You renew SULS for the same number of licenses for the same Programs, for the first and second renewal years the fee for SULS, will not increase by more than 3% over the prior year's fees If Your order is fulfilled by a member of Oracles partner Program the fee for SULS for the first renewal year will be the price quoted to You by Your partner the fee for SULS for the second renewal year will not increase by more than 3% over the prior year's fees If You decide to purchase technical support for any license within a license set, You are required to purchase technical support at the same level for all licenses within that license set You may desupport a subset of licenses in a license set only if You agree to terminate that subset of licenses The technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the time of termination Oracle's license set definition is available in the current technical support policies If You decide not to purchase technical support You may not update any unsupported Program licenses with new versions of the Program 6735858 - 2 Issued by Oracle Amenca Inc 07-JUL-2018 Page 3 of 5 DocuSign Envelope ID 6C536770-68E8-447E-A2B4-66657BEB0360 E Other 1 Order Placed Pursuant to Expansion (ILF) The Program licenses listed in the Program and Program -Related Service Offenngs section with the license types Enterprise Employee Perpetual are ordered and subject to the applicable fees and terms of the order between You and Oracle dated 29-NOV-2007 As of the effective date of this order Your actual Enterprise Employee Perpetual is greater than or equal to 1,540 The Summary Exhibit lists the Program licenses acquired prior to the effective date the Program licenses acquired under this order and the total number of Program licenses acquired to date Summary Program Description License Type Number of Program Licenses Acquired Prior to Effective Date Number of Program Licenses Acquired under the Programs and Program -Related Service Offerings section Total Number of Program Licenses Acquired as of the Effective Date (Under This Ordering Document) Those programs specified in the table(s) located above, of the License Type(s) specified In the License Type column Enterprise Employee Perpetual 1,540 110 1,650 2 Limited Use Programs The following programs are limited use programs 1 PeopleSoft Enterprise Payroll Interface - Enterprise Employee Perpetual 2 PeopleSoft Enterpnse Human Resources - Enterprise Employee Perpetual These programs may only be used in the US 3 Oracle Executes Order First Your signature, printed name, title and signature date in this section are the only handwntten changes to this ordenng document that will be accepted Other changes to this ordering document, handwritten or otherwise, will render this ordering document null and void, unless such changes have been specifically agreed to by both parties in writing Oracle America, Inc Signature Name Title Signature Date —OotuSlgned by ,,ati& Ctant,o `—WC?fl4RAARd1FARA Sake Camarillo Centralized workflow Manager 09 -Jul -2018 12 22 PM CDT Effective Date (to be filled by Oracle) 6735858 - 2 Issued by Oracle America Inc 07-JUL-2018 Page 4 of 5 DocuSign Envelope ID: 6C536770-68E8-447E-A2B4-66657BEB0360 IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first stated above. NAME OF CONTRACTOR See thwt' cas 't36C By: NAME OF PERSON SIGNING POSITION OF PERSON SIGNING ATTEST: Weld ' o n 4jC l ;s th - B rd WELD COUNTY, COLORADO BY: deattgaiW4a40;‘,k, Deputy CI ' k to the 6735858-2 BOARD OF COUNTY COMMISSIONERS Steve Moreno, Chair rill 1 8 2018 APPROVED AS TO SUBSTANCE: mation Officer 7 -lips Issued by Orade America, Inc, 07-JUL-2018 Page 5of 5 If O1?ACLSEE License Verification Form Customer Name: Weld County licensed Customer's metrics Reported Amount Document Products Employee Count' /(209 Upgrade I 5 Amendment -Sep -2000 / PeopleSoft Resources, Administration, Enterprise Benefits Administration, Payroll Licenses: Human FSA Enterprise Employee2 Partner Ordering 29 -Nov Document -2007 / Interface PeopleSoft Resources and Labor, (limited (limited ePerformance, Enterprise to Licenses: to eBenedits), ePay) Payroll y) Human Time -`1 /60171 *Note: Please provide the current metric information for the above listed organization as defined in the documents referenced in the above table. Please certify this information by signing below. Authorized Customer Representative: Signature: 0 )fit 9 Transmitted copies of thi Date: V/as//S considered documents equivalent to the original documents Printed Name: 73ARi34R1? &A/AUL/4 Title: 66A)IrtasEe. 1 "Employee Count" shall mean the sum of all Employees and contractors who are or would be deemed employees under applicable laws. 2 Enterprise Employee is defined as all of your full-time, part-time, temporary employees and all of your agents, contractors and consultants. The number of Enterprise Employee and not the actual number of users determines the quantity of the licenses required. In addition, if you elect to outsource any business function(s) to another company, all of the company's full-time, part-time, temporary employees and agents, contractors and consultants that are providing the outsourcing services for you must be counted for the purposes of determining the number of Enterprise Employees. Email or fax the signed letter to: Florina Alexandrescu email: florina.alexandrescu(iroracle.com ORACLE Hello