HomeMy WebLinkAbout20173411.tiffJulie
Julie
Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
arbara Kirkmey c.2%! ?�
RESOLUTION
RE: APPROVE LICENSE EXPANSION AGREEMENT AND VERIFICATION FORM FOR
PEOPLESOFT SOFTWARE AND AUTHORIZE CHAIR TO SIGN - ORACLE AMERICA,
INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a License Expansion Agreement and
Verification Form for Peoplesoft Software between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Information Technology, and Oracle America, Inc., commencing upon full execution signature,
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the License Expansion Agreement and Verification Form for Peoplesoft
Software between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Information Technology, and
Oracle America, Inc., be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di ...r;i4
Weld County Clerk to the Board
County Attorney
Date of signature: t O ( (O ( t7
cc! STCRR), c.crc 3C)
to/1O / 1 7
2017-3411
IT0006
MEMORANDUM
TO: Esther Gesick, Clerk to the Board Sept 27,2017
FROM: Ryan Rose, Chief Information Officer
SUBJECT: PeopleSoft License Expansion
BOCC Approval Date: October 4, 2017
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
$21,886.80.
2017-3411
Your Name
Your Location
Weld County
915 10th St, Greeley
CO 80631
ORDERING DOCUMENT
Your Contact
Phone Number
Email Address
Oracle America, Inc.
500 Oracle Parkway
Redwood Shores, CA
94065
Mary Truslow
970-400-2518
mtruslow@co.weld.co.us
Programs and Program -Related Service Offerings
Enterprise Programs'
Product Description 1 License Type
Quantity
PeopleSoft Enterprise Human Resources - Employee Count
Perpetual
Software Update License & Support
200
PeopleSoft Enterprise Benefits Administration - Employee Count
Perpetual
Software Update License & Support
200
PeopleSoft Enterprise Flexible Spending Administrati - Employee
Count Perpetual
Software Update License & Support
200
PeopleSoft Enterprise Payroll North American - Employee Count
Perpetual
Software Update License & Support
200
Fee Description
Net Fee
Program Fees
17,940.00
Program -Related Service Offerings Fees
3,946.80
Total Fees
21,886.80
A. Agreement and Modifications to the Agreement
1. Oracle Contract Info - PSFT SLSA
ORACLE CONTRACT tNFORMATION
Agreement: Software License and Services Agreement
Agreement Name: US-PSFTSLSA-PS1653-US-20JULY-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 n 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".
6494005 - 3
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Page 1 of 5
B. Description and Fees for Ordered Programs and Services
1. Ordered Programs and Services
You have ordered the program licenses and 12 months of technical support services described above.
2. 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.
3. 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 ordering 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
a. The Program licenses included on this order are for use in the U.S.
3. Fees, Invoicing, and Payment Obligation
a. All fees due under this ordering document shall be non -cancellable and the sums paid nonrefundable, except as provided in the Agreement.
b. License and services fees are invoiced as of the commencement date. Service fees are invoiced in arrears of the service performance; specifically,
technical support fees are invoiced Quarterly in arrears.
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 ordering document, you agree and acknowledge that you have not relied on the future availability of
any program or updates. However, (a) if you order technical support for programs licensed under this ordering document, the preceding sentence does
not relieve Oracle of as obligation to provide such technical support under this ordering document, if -and -when available, in accordance with Oracle's
then current technical support policies; and (b) the preceding sentence does not change the rights granted to you for any program licensed under this
ordering document, per the terms of this ordering document and the agreement.
4. Pricing, Invoicing, and Payment Obligation
a. Provided that you comply with the delivery terms in the Delivery and Installation Section of this order, in those jurisdictions that exempt from sales or
use taxes electronically downloaded software, Oracle will not invoice you for those taxes based on the net license fees and net technical support fees for
the programs listed above delivered via electronic download and for all updates to these programs delivered via electronic download.
5. Delivery and Installation
a. You are responsible for installation of the programs unless the programs have been pre -installed by Oracle on the nardware 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 these programs, (c) you have requested to receive via electronic delivery all updates for the programs listed above that are provided by Oracle under
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Page 2 of 5
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 (a) Hardware and/or related Hardware support, (b) Programs and/or related technical support, or (c) other services are all separate
offers and separate from any other order for (i) Hardware and/or related Hardware support, (ii) Programs and/or related technical support, or (iii) other
services you may receive or have received from Oracle. You understand that you may purchase (x) Hardware and/or related Hardware support, (y)
Programs and/or related technical support, or (z) other services independently of any other product or service. Your obligation to pay for (i) Hardware
and/or related Hardware support is not contingent on performance of any other service or delivery of Programs, (ii) Programs and/or related technical
support is not contingent on delivery of Hardware or performance of any other service, or (Iii) other services is not contingent on delivery of Hardware,
delivery of Programs or performance of any additional/other service.
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 23-NOV-2017, 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 Oracle's
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 ordering document for the applicable
services. You may access the current version of the technical support policies at htto;//oracie.com/contracts.
Technical support is effective upon the effective date of the ordering 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 Oracle's 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.
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E. Other
1. Order Placed Pursuant to Expansion (ILF)
The Program licenses listed in the Program and Program -Related Service Offerings section with the license types Employee Count Perpetual are
ordered and subject to the applicable fees and terms of the order between You and Oracle dated 20JUL-1994. As of the effective date of this order,
Your actual Employee Count Perpetual is greater than or equal to 1,500.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
Employee Count
Perpetual
1,500
200
1,700
2. Oracle to Execute first
Your signature, printed name, title and signature date in this section are the only handwritten changes to this ordering document that wilt be accepted.
Other changes to this ordering document, handwritten or otherwise, will render this ordering document null and void, unless such changes nave been
specifically agreed to by both parties in writing.
6494005-3
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Faye 4 of
IN WITNESS WHEREOF, the parties have duly executed this ordering Document as of the date first stated below
By:
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Signature Date
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BOARD OF COUNTY COMMISSIONERS
Weld Co Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk the Board
Julie Cozad, Chair OCT 0 2017
AP"OVED AS T. - = ' ANCE:
let Information Officer
Effective Date (to be completed by Oracle)
6494005 - 3
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cpiRickcue
License Verification Form
Customer Name: Weld County
Customer's Reported Amount Document Products
licensed metrics
Employee Count' Upgrade Amendment /
15 -Sep -2000
Enterprise
Employee2
PeopleSoft Enterprise Licenses: Human
Resources, Benefits Administration, FSA
Administration, Payroll
Partner Ordering Document / PeopleSoft Enterprise Licenses: Human
29 -Nov -2007 Resources (limited to eBenedits), Time
and Labor, ePerformance, Payroll
Interface (limited to ePay)
'Note. Please provide the current metric information for the above listed organization as defined in the documents referenced in the
above table. Please certify this information by signing below.
Authorized Customer Representative:
Date: jiiji7
onsrdered documents equivalent to the original documents.
Printed Nam*: BRROARA Co,t/Noc.C.11 Title: CaN'fP.oc.LC1.
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:
Florins Mexandrescu
email: florina.alexandrescu@orsele.com
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