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Home My WebLink About20143447.tiff RESOLUTION RE: APPROVE SOFTWARE LICENSE AGREEMENT FOR PEOPLESOFT ENTERPRISE 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 Software License Agreement for the PeopleSoft Enterprise 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 for the Accounting Department, and Oracle America, Inc., with 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 Software License Agreement for the PeopleSoft Enterprise 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 for the Accounting Department, 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 5th day of November, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: cP(, It IEL �`XCUSED Q�.�+� •:: ./ • las Rademacher, C air Weld County Clerk to the Bo 1861 itz2 �, ,, tiara Kirkmeyer, ro-Tem BY. D= .Ry Clerk to the =oard -?' � Sean P. Conway CM APP FORM: Mike Fre my Attorney Wil a . Garcia Date of signature: 11 /7 2014-3447 cc. Acc+ _+ N/20 AC0021 MEMORANDUM X86' TO: Weld County BOCC October 31, 2014 FROM: Ryan Rose, Chief Information Officer _� � i 1. c o uN?Y SUBJECT: Oracle/PeopleSoft Enterprise Software License Agreement Weld County's PeopleSoft maintenance is reviewed annually and is based upon our FTE count. The Weld County Controller has certified our FTE at 1313. Our PeopleSoft agreement is being updated to reflect our current FTE count and will be increase by a quantity of 200. This increase will cost $21,866.79 and has been approved by the Controller and the Director of Finance. The additional 200 licenses will bring Weld County's total FTE licenses to 1500 and will allow for growth over the next couple of fiscal years. 2014-3447 ar - ORDERING DOCUMENT Oracle America,Inc. 500 Oracle Parkway Redwood Shores,CA 94065 Your Name Weld County Your Contact BARABRA CONNOLLY Your Location 1401 N 17th Ave Phone Number (970)356-4000-4445 Greeley CO 80631 Email Address bconnolly@co.weid.co.us Programs and Program-Related Service Offerings Peoplesoft Enterprise Product Description I License Type Quantity PeopleSoft Enterprise Flexible Spending Administratl-Employee Count 200 Perpetual Software Update License&Support PeopleSoft Enterprise Benefits Administration-Employee Count 200 Perpetual Software Update License&Support PeopleSoft Enterprise Human Resources-Employee Count Perpetual 200 Software Update License&Support PeopleSoft Enterprise Payroll North American-Employee Count 200 Perpetual Software Update License&Support Fee Description NM Fee Program Fees 17,940.00 Program-Related Service Offerings Fees 3,946.79 Total Fees 21,886.79 A.Agreement and Modifications to the Agreement 1.Agreement Agreement:Software License and Services Agreement Agreement Name:US-PSFT-SLSA-P51653-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"," B.Terms Specific to Program(s) 1.Delivery and Installation a.You are responsible for installation of the Programs unless the Programs have been pre-installed by Oracle on the Hardware You are purchasing under the order or unless You purchase installation services from Oracle for those Programs. h nro.ie h„ ,.,aria au,e,hie n Yrun fnr electronic download at the electronic delivery web site located at the following Internet URL: Douglas Doran I In the Programs and Program-Related Service Offerings section of this order.Through the Internet URL, E-signed 2014-10-24 12:43PM PDT Issued by Orade America,Inc.24-OCT-20•4 Page 1 o s douglas.doran@oracle.com Document Integrity Verified EchoSign TransaGian Number:XFMZADJ5D5Y5EXB You can access and electronically download to Your location the latest production release as of the effective date below of the software and related Program Documentation for each Program listed.Provided that You have continuously maintained technical support for the listed Programs,You may continue to download the Programs and related Program Documentation.Please be advised that not all Programs are available on all hardware/operating system combinations. For the most recent Program availability please check the electronic delivery web site specified above. You acknowledge that Oracle is under no further delivery obligation with respect to Programs under the applicable order,electronic download or otherwise. c. If ordered,Oracle will deliver the tangible media to the delivery address specified on this order. You agree to pay applicable media and shipping charges. The applicable shipping terms for the delivery of tangible media are: FCA Shipping Point,Prepaid,and Add. C.General Terms 1.Commencement Date For all program licenses,the commencement date is the date of shipment of tangible media or upon the effective date of this order if shipment of tangible media Is not required. The period of performance for all services for the programs is effective upon shipment of tangible media or upon the effective dale of this order if shipment of tangible media is not required. 2.Territory The Program licenses included on this order are for use in the U.S. 3.Summary of Fees You have ordered Hardware,Programs and 12 months of technical support services. Listed above is a summary of net fees due under this order. These fees are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes. 4.Pricing Invoicing and Payment Obligation a.Program fees are invoiced as of the Commencement Date for the Programs. b.In addition to the prices listed on the order,Oracle will invoice You for any applicable freight charges or applicable taxes,and You will be responsible for such charges and taxes notwithstanding any express or Implied provision in the"Incoterms"referenced in the Order and Delivery Policies.The Order and Delivery Policies may be accessed at http://oracle.wm/contracts. c.You understand that You may receive multiple invoices for the Products and Service Offerings You ordered. d.Once placed,Your order shall be non-cancelable and the sums paid nonrefundable.except as provided in the Master Agreement. You may change a Hardware order prior to shipment subject to the then current change order fee as established by Oracle from time to time.The applicable change order fees and a description of allowed changes are defined in the Order and Delivery Policies,which may be accessed at http://oracle.com/contracts. e.In entering into payment obligations under this order,You agree and acknowledge that You have not relied on the future availability of any Hardware, Program or updates. However, (a) if You order technical support, the preceding sentence does not relieve Oracle of its obligation to provide such technical support under the Master Agreement,if and when available,in accordance with Oracle's then current technical support policies,and(b)the preceding sentence does not change the rights granted to You under this order and the Master Agreement. f.Service fees are invoiced in advance of the service performance;specifically,technical support fees are invoiced annually in advance. 6.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. 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. Douglas Doran E-signed 2014-10-24 12:43PM PDT Issued by Oracle America,Inc.2 00224 Pagedo u g las.do ran @oracle.con e Document Integrity Verified Echosign Transaction Numb:r.XFMZACIJ5D5Y5EXEI ase • 7.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. 8.Offer Validity By signing below,the parties agree that the agreement and this order constitute the entire agreement between the parties with regard to the subject matter herein and as such, no other preprinted, non-negotiated or other terms and conditions, on the customers purchase order or elsewhere,shall apply. The offer is valid through 30-NOV-2014 and shall become binding upon execution by you and acceptance by Oracle. • 9.Oracle%License Definitions and Rules A copy of Oracle's Definitions and Licensing Rules is attached hereto and incorporated by reference. To fully understand Your license grant,You need to review the definition for the licensing metric and term designation as well as the licensing rules,v4lich are listed below. 10.Customer Reference Oracle may refer to You as an Oracle customer of the ordered Products and Service Offerings in sales presentation,marketing vehicles and activities. 11.Pricing Pursuant to Expansion The Program licenses listed in the Program and Program-Related Service Offerings section with the license types Employee Count are ordered and subject to the applicable fees and terms of the order between You and Oracle dated 20-JUL-1994. As of the effective date of this order,Your actual Employee Count is greater than or equal to 1,300.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 License Type Acquired Licenses Prior Number of Program Total Number of Program to Effective Date Licenses Acquired under Licenses Acquired as of Section A the Effective Date(Under This Ordering Document) Those programs specified in the tablets) located above section A of this ordering document,of the License Employee Count 1,300 200 1,500 Type(s)specified in the License Type column D.Other 1.Third Party Programs-SLSA Third Party Programs: are defined as Programs designated in an Ordering Document as Third Party Programs. Douglas Doran E-signed 2014-10-24 12:43PM PDT Issued by Oracle America,Inc.24-OCT-20 Page3 of 5 douglas.doran@oracle.com -0 Document Integrity Verified EcnoSlgn Transadlan Number XEMZAudsosrsexa emealemeeee IN WITNESS WHEREOF,the parties have duly executed this Ordering Document as of the date first stated below. Oracle America, Inc. o' 2 o4as rw nn,a„Ind r.,mu By: Douglas Doran Director, License Deal Management Oct 24, 2014 Signature Date La. ATTEST: SIC' Z�a RD OF COUNTY COMMISSIONERS Weld County Clerk to the Board `' � :LD COUNTY,COLORADO / 1161 ,•;' BY: :%(L/.! r. :,!'i�� ' (�G.k.U..it ''Cider_% t t / Deputy Clerk to the Board ��.✓ , Barbara Kirkme er, Pro- em N0V 0 5 2014 APPROVED AS OFUNDING. APPROVED $ NCE: Controller hi In on-nation Officer APPROVED AS TO FORM: N/A /yam""—�1 n Director of General Services County Attorney Effective Date (to be completed by Oracle) Oct 24, 2014 Douglas Doran E-signed 2014-10-24 12:43PM PDT Issued byOradeAmerce Inc.24-0C1-2q.4 Page 4o/ B douglas.doran@oracle.com 4—.....a O Document Integrity Verified Ernosign Transaction Number:XFMZAQJ5O6Y5E%e ciy- 3yy7 • Definitions and Licensing Rules: Order Specific License Definitions and Rules Trial Programs: are defined as additional Programs that may be included with Customer's order which Customer has not ordered but which Customer may use for trial purposes only. Customer shall have 30 days from the delivery date to evaluate these Programs. Any use of these Programs after the 30 • day trial period shall require Customer to obtain the applicable license. Programs licensed for trial purposes are provided"as is"and Oracle does not provide Technical Support or any warranties of any kind for these Programs. 1,2,3,4,5 Year Terms: A program license specifying a 1,2,3,4 or 6 Year Term shall commence on the effective date of the order and shall continue for the specified period. At the end of the specified period the program license shall terminate. 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 hitp://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 4%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 4% over the prior years 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. Program Documentation: is defined as the Program user manual and Program installation manuals. Term Designation: if your program license does not specify a term,the program license is perpetual and shall continue unless terminated as otherwise provided in the agreement. • Oracle Financing Contract:is a contract between you and Oracle(or one of Oracle's affiliates)that provides for payments over time of some or all of the sums due under your order. Technical Reference Manuals ("TRMs"): are Oracle's confidential information. You shall use the TRMs solely for your internal data processing operations for purposes of:(a)Implementing applications programs.(b)interfacing other software and hardware systems to the applications programs and (c)building extensions to applications programs. You shall not disclose,use or permit the disclosure or use by others of the TRMs for any other purpose.You shall not use the TRMs to create software that performs the same or similar functions as any of Oracle products. You agree: (a)to exercise either at least the same degree of care to safeguard the confidentiality of the TRMs as you exercise to safeguard the confidentiality of your own most important confidential information or a reasonable degree of care,whichever is greater;(b)to maintain agreements with your employees and agents that protect the confidentiality and proprietary rights of the confidential information of third parties such as Oracle and instruct your employees and agents of these requirements for the TRMs;(c)restrict disclosure of the TRMs to those of your employees and agents who have a"need to know"consistent with the purposes for which such TRMs were disclosed;(d)maintain the TRMs at all times on your premises;and(e)not to remove or destroy any proprietary or confidential legends or markings placed upon the TRMs. Oracle shall retain all title,copyright and other proprietary rights in the TRMs. TRMs are provided to you"as-is"without any warranty of any kind.Upon termination,you shall cease using,and shall return or destroy.all copies of the applicable TRMs. 1 Year Subscription: A program license specifying a 1 Year Subscription shall commence on the effective date of the order and shall continue for a period of 1 year. At the end of the 1 year the program license shall terminate. Applications National Language Support(NLS)Supplement Media Packs: Please be advised that only a subset of the products included on an Applications NLS Supplement Media Pack have been translated. For existing supported customers, My Oracle Support has information on which • products have been translated for the supported languages(https://support.oracle.com). For new or unsupported customers,please contact your Oracle Account Manager for this information. You are responsible for ensuring that these restrictions are not violated: Programs that contain"for Oracle Applications"in the program name are limited use programs. These limited use programs may only be used with "eligible" Oracle application programs that contain the following prefixes in the program name: Oracle Fusion, Oracle Communications', Oracle Documaker, Oracle Endeca', Oracle Knowledge, Oracle Media, Oracle Retail`, Oracle Enterprise Taxation', Oracle Tax, Oracle Utilities`, Oracle Financial Services`, Oracle FLEXCUBE, Oracle Reveleus,Oracle Mantas, Oracle Healthcare', Oracle Health Sciences,Oracle Argus,Oracle Legal, ()rar:Ie Ins'Iranrm ant lrar.Ie Primavera Fnr those prefixes designated above with a"*"not all programs with that prefix are eligible for use with the"for Douglas Doran a list of excluded programs please review the Applications Licensing Table,which may be accessed at E-signed 2014-10-24 12:43PM PDT Issued by Oracle America.Inc.24-OCT-20 4 Page 5ol douglas.doran©oracle.com B airawsr Si Document Integrity Verified EchoSign Transaction Number XFMZAOJ5D5YEEXa http://oracle.conucontracts. Notwithstanding anything above,Oracle Business Intelligence Suite Enterprise Edition Plus for Oracle Applications may only be used with"eligible"Oracle application programs that contain"Oracle Fusion Human Capital Management"as a prefix in the program name provided that the Oracle Fusion Human Capital Management programs ere the only programs configured to run against the database Instance Oracle Business Intelligence Foundation Suite for Oracle Applications may also be used with the Oracle Product information Management Analytics, Fusion Edition, Oracle Customer Data Management Analytics, Fusion Edition and Oracle Product Lifecycle Analytics programs. Oracle Business Intelligence Foundation Suite for Oracle Applications may also be used with the following programs provided that the Oracle Fusion Applications are the only data source: Oracle Sales Anaytics,Fusion Edition; Oracle Partner Analytics,Fusion Edition;Oracle Supply Chain and Order Management Analytics;Oracle Financial Analytics,Fusion Edition;Oracle Procurement and Spend Analytics,Fusion Edition;Oracle Human Resources Analytics, Fusion Edition and Oracle Project Analytics. Any use of limited use programs containing"for Oracle Applications"by other Oracle applications or third party applications is not permitted. The number of Hyperion program option licenses must match the number of licenses of the associated Hyperion program. Licensing Rules for Applications You are responsible for ensuring compliance with the application licensing prerequisites as specified in the Applications Licensing Table,which may be accessed at http://oracle.com/contractS. Licensing Rules for JD Edwards Applications Your license for the program(s)may Include additional license rights. Please review the additional license rights listed on the PeopleSoft/JD Edwards program table located at http://oracle.com/contracts for additional information. The programs include GNU libgmp library; copyright 1991 Free Software Foundation, Inc. This library is free software that can be modified and redistributed under the terms of the GNU Library General Public License contained in the programs. The programs may also contain other third party products. Licensing Rules for PeopleSoft Applications Your license for the program(s)may include additional license rights. Please review the additional license rights listed on the PeopleSoft/JD Edwards program table located at http://oracle.com/contracts for additional information. You may use PeopleTools—Restricted Development to develop interfaces and modifications,including creation of new application data tables,only to the PeopleSoft Enterprise programs you have licensed. Oracle will deliver this program to you per the delivery terms in your order. Douglas Doran E-signed 2014-10-24 12:43PM PDT Issued by Oracle America,Inc.24-OCT-20 4 Page 6 of 5 douglas.doran@oracle.com -S Document Integrity Verified ensign rransecuon Number.XFMZAOJ5D5Y5Exa ORACLE License Verification Form Customer Name: Weld County Customer's licensed Reported Amount Document Products metrics Employee Count Upgrade PeopleSoft Enterprise licenses consisting Amendment/ of: Human Resources, Benefits /313 15-Sep-2000 Administration, FSA Administration, Payroll Enterprise Employee Partner Ordering PeopleSoft Enterprise licenses consisting / 3 /3 Document/29-Nov- of: Human Resources,ePerformance, 2007 Payroll Interface,Time And Labor `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: / SignatureiT a1 Date: 4/.$//9 Transmitte copies o is loam deed documents equivalen to the original documents. Printed Name: 'BARBARO c d1NOLLI Title: 6OAITROLLa Email the signed letter to: Antonela Agbaje email: antonela.pana@oracle.com ORACLE' Hello