Contract With Oracle For Taleo Applicant Tracking Software


ECC Board of TrusteesExecutive SummaryDate: March 26, 2015Subcommittee: Budget, Finance & ContractsAgenda Item: Electronic Applicant Tracking Software for Human Resources – Oracle TaleoThis item is for:For Board's ApprovalBackup Documentation:Attached to this documentBackground Information:Human Resources currently uses Applicant Tracking Software which is outdated and not easy to navigatefor the end user. With the current software, there are too many manual processes that generatemassive amounts of paper and it does not the automated generation of reports which are used fortracking and compliance purposes. Applicants frequently call HR for troubleshooting help when usingthe application site, which gives the applicant a negative experience when applying for positions at ECC.Search committees do not have the ability to track hiring requests while waiting for approvals. HumanResources has a substantial need to automate and modernize the way that it recruits, providesonboarding and sourcing for highly qualified candidates. In light of these challenges, a Request forProposal was advertised and issued, requesting responses for electronic applicant tracking software.After evaluation by a committee of the functionality of the different software and needs of the HumanResources department, the successful vendor Oracle Taleo, a cloud hosted solution, was selected.Reasons for Recommendation:Human Resources is looking for an Applicant Tracking system to handle recruitment, onboarding, andsocial sourcing. Taleo provides the ability to generate reports and dashboards which are used fortracking and establishing metrics needed for Human Resources to remain in compliance. Taleo will takeHuman Resources to the next level with modern software which will enable Human Resources toeliminate many of the inefficient current manual processes and duplication of data entry due to lack ofintegration which also generate massive amounts of paperwork.Fiscal Implications:Oracle Software cost for Taleo is 48,876.21 annually, inclusive of licensing and maintenance costs. Thesoftware will be implemented by a separate vendor, Newbury Consulting which will be addressed in aseparate document.Consequences of Negative Action:Human Resources will continue generate excessive amounts of paper, engage in wasteful and inefficienthiring and recruiting processes and work within the confines of a system that is subpar and does not

meet the needs of Erie Community College. In addition, the ability to track and measure the efficiency ofrecruiting and advertising, including measuring the demographics of applicant pools to effectively targetunderrepresented and minority populations will continue to be a substantial challenge in a manualsystem.Steps Following Approval:Approval by the Executive Vice President for Legal AffairsContact Information If Any Questions:Tracey Cleveland, Director of Human Resources 716‐851‐1844

ORDERING DOCUMENTOracle America, Inc.500 Oracle ParkwayRedwood Shores, CA 94065Your NameYour LocationERIE COMMUNITY COLLEGE121 ELLICOTT STBUFFALONY 14203Your ContactPhone NumberEmail AddressKristin Klein Wheaton7162704432kleinwheaton@ecc.eduNew SubscriptionCloud ServicesData Center Region: North AmericaService Period: 36 monthsQuantityTermUnit Net Price0.3771Net Fee10,860.48B77400 - Oracle TBE Base PlatformCloud Service - Hosted Named User240012 moB77401 - Oracle TBE Recruiting CloudService - Hosted Employee240012 mo0.754221,720.96B77402 - Oracle TBE Onboarding CloudService - Hosted Employee240012 mo0.18865,430.24B71229 - Oracle Taleo Social SourcingCloud Service - Hosted Employee240012 mo0.377110,860.48SubtotalFee DescriptionCloud Services FeesTotal Fees48,872.16Net Fee48,872.1648,872.16A. Ordered Services1. Agreementa. This order incorporates by reference the terms of the Public Sector Agreement for Cloud Services US-CSA-QT5276294 and all amendmentsand addenda thereto (the" Agreement"). The defined terms in the Agreement shall have the same meaning in this order unless otherwise specifiedherein.B. General Terms1. Summary of FeesAll fees on this ordering document are in US Dollars.2. Terms of Use:All products and services listed on this Ordering Document are provided by Oracle under, and subject to, the terms of this Ordering Document,including the Agreement and all Oracle documents referenced in this Ordering Document. You indicate Your agreement to the terms of this OrderingDocument, including the Agreement, by signing this Ordering Document, and You represent that You have the authority to bind the company to whomthis Ordering Document is addressed above to the terms of this Ordering Document and the Agreement. As applicable, Oracle processes a customer's order after receipt of a purchase order or a valid credit card. Any terms and conditions on Your purchase order are void and have no legal effect.For Cloud Services, You may not reduce the quantity of services purchased hereunder (e.g., user or record counts, storage, etc.), in whole or in part,5276294 - 17Issued by Oracle America, Inc. 10-MAR-2015Page 1 of 3

during the Services Period set forth above The Services Period for the Cloud Services commences on the date stated in the Ordering Document, or, ifnone is provided in the Ordering Document, the day the User login names and password are issued to You to access the Cloud Services under theOrdering Document (the "Cloud Services Start Date"). You must maintain a current subscription to applicable Oracle Cloud Services for the durationof any Consulting/Professional services ordered under this Ordering Document.3. Feesa. The Cloud Services Payment Frequency applies to all Cloud Services fees and taxes, and the Consulting/Professional Services PaymentFrequency applies to all fees and taxes for Consulting/Professional Services. All fees payable to Oracle are due within 30 days from the invoice date.Once placed, Your order is non-cancelable and the sums paid nonrefundable, except as otherwise provided herein or in the Agreement.You will pay any sales, value-added or other similar taxes imposed by applicable law that Oracle must pay based on the Services You ordered, exceptfor taxes based on Oracle's income. Also, You will reimburse Oracle for reasonable expenses related to providing any Professional Services. Unless,specifically stated otherwise, fees for Services listed in an order are exclusive of taxes and expenses.Please note that if the pre-tax value of this Ordering Document is USD 2,000 or less, the products and Cloud Services listed on this OrderingDocument must be purchased by credit card. Purchase orders and checks are no longer accepted for transactions of this size.Consulting/Professional Services may not be purchased by credit card irrespective of the transaction size, You agree not to disclose the terms of thisOrdering Document to any third party.Cloud Services Payment Frequency: Your payment frequency is quarterly in arrears4. Renewal of Cloud Services:If all Cloud Services ordered under this Ordering Document are identified as Auto Renewal eligible in the applicable Service Specifications, and if youhave not opted out of Auto Renewal as indicated in the Renewal Opt out Clause, then at the end of the Services Period the Cloud Services will AutoRenew for additional Services Periods subject to Your payment of fees and to the terms of this Ordering Document and the Agreement. Otherwise, allCloud Services ordered under this Ordering Document will not Auto Renew (regardless of whether some Cloud Services are identified as AutoRenewal eligible), but may be renewed for one additional Services Period of equal duration to the Services Period under this Ordering Documentsubject to Your placement of a renewal order and payment of fees for such Cloud Services. For Cloud Services that are identified as Auto Renewaleligible (and regardless of whether they actually renew through Auto Renewal), the Unit Net Price for the renewal will be the Unit Net Price for suchCloud Service set forth in this Ordering Document. The Cloud Services may not be renewed as described in this paragraph if: (i) Oracle is no longermaking such Cloud Services generally available to commercial customers, or (ii) You are seeking to cancel or reduce the ordered quantity of the CloudServices set forth in this Ordering Document.5. Offer ValidityThis order is valid through 15-APR-2015 and shall become binding upon execution by You and acceptance by Oracle.6. Price Hold for Cloud Services:During the Services Period, You may order additional quantities of the Cloud Services acquired under this Ordering Document at the Unit Net Pricespecified above. This price hold does not apply to Eloqua Marketing Platform Cloud Service, to any renewals or extensions of the Cloud Servicesordered under this Ordering Document, to Cloud Services ordered pursuant to a separate Oracle discount or promotion, or to any Cloud Services otherthan those listed in the initial purchase under this Ordering Document.C. Service Specifications1. Service Specifications:The Service Specifications that govern the Services ordered consist of the documents listed below, which are incorporated into this OrderingDocument. The Service Specifications are subject to change at Oracle's discretion; however, Oracle changes to the Service Specifications will notresult in a material reduction in the level of performance, security or availability of the applicable Services provided to You for the duration of theServices Period. The terms of the Service Specifications, including any subject matter addressed in the Service Specifications, will replace anyinconsistent term, similar subject matter or scope of service delivery in the Agreement; however, unless expressly stated otherwise in this OrderingDocument, the terms of the Data Processing Agreement shall take precedence over any inconsistent terms in this Ordering Document, Agreement orService Specifications. For the purposes of this Ordering Document, references to the term "Customer" in any document within the ServiceSpecifications shall mean "You" as defined in this Ordering Document. Service Descriptions and MetricsOracle service descriptions and metrics govern Cloud Services and Consulting/Professional Services. You may access the version of thesedescriptions and metrics that apply to the Cloud Services and Consulting/Professional Services that You have ordered at Cloud Hosting and Delivery Services PoliciesCloud Hosting and Delivery Services Policies describe and govern Cloud Services. You may access the version of these policies that apply to theCloud Services that You have ordered at Program DocumentationProgram Documentation refers to the program user manuals for the Oracle Programs for Cloud Services, as well as any help windows and read mefiles for such Oracle Programs that are accessible from within the service. The Program Documentation describes technical and functional aspects ofthe Oracle Programs. You may access the documentation online at - 17Issued by Oracle America, Inc. 10-MAR-2015Page 2 of 3

D. Other1. No Excess ObligationsIn the event sufficient budgeted funds are not available for a new fiscal period, You may terminate this Ordering Document immediately without penaltyor expense; provided, however, that: (a) for each of the two (2) 12-month terms of the order, You must provide a purchase order, and (b) Yourissuance of each 12-month purchase order shall signify to Oracle that all funds for the given 12-month term have been fully appropriated and areavailable and no longer subject to any appropriations contingency. Notwithstanding the foregoing, You agree to pay for all services performed byOracle prior to Oracle's receipt of Your notice of non-appropriations.2. Order of Precedencea. This Ordering Document, including any subject matter addressed in the Service Specifications, shall supersede any inconsistent term, similarsubject matter or scope of service delivery in the Agreement referenced above in Section A.1; however, unless expressly stated otherwise in thisOrdering Document, the terms of the Data Processing Agreement shall take precedence over any inconsistent terms in this Ordering Document,Agreement or Service Specifications. This Ordering Document will control over the terms contained in any purchase order.ERIE COMMUNITY COLLEGEAuthorized SignatureNameTitleSignature Date5276294 - 17Issued by Oracle America, Inc. 10-MAR-2015Page 3 of 3

PUBLIC SECTOR AGREEMENT FOR ORACLE CLOUD SERVICESThis Public Sector Agreement for Oracle Cloud Services (this “Agreement”) is between Oracle America, Inc.(“Oracle”) and the entity that has executed this Agreement as identified in the signature block below (“You”). ThisAgreement sets forth the terms and conditions that govern orders placed by You for Services under this Agreement.1.AGREEMENT DEFINITIONS1.1. “Ancillary Software” means any software agent or tool that Oracle makes available to You for downloadfor purposes of facilitating Your access to, operation of, and/or use with, the Services Environment.1.2. “Auto Renew” or “Auto Renewal” is the process by which the Services Period of certain Cloud Servicesunder an order is automatically extended for an additional Services Period unless such Services areotherwise terminated in accordance with the terms of the order or this Agreement. The ServiceSpecifications incorporated into Your order define which Cloud Services are eligible for Auto Renewal aswell as any terms applicable to any such renewal. Please note: Auto Renewal does not apply topurchases under this Agreement. Please see Section 9.1 infra for renewal requirements.1.3. “Cloud Services” means, collectively, the Oracle cloud services (e.g., Oracle software as a serviceofferings and related Oracle Programs) listed in Your order and defined in the Service Specifications. Theterm “Cloud Services” does not include Professional Services.1.4. “Data Center Region” refers to the geographic region in which the Services Environment is physicallylocated. The Data Center Region applicable to the Cloud Services is set forth in Your order.1.5. “Oracle Programs” refers to the software products owned or licensed by Oracle to which Oracle grantsYou access as part of the Cloud Services, including Program Documentation, and any program updatesprovided as part of the Cloud Services.1.6. “Professional Services” means, collectively, the consulting and other professional services which Youhave ordered. Professional Services include any deliverables described in Your order and delivered byOracle to You under the order. The term “Professional Services” does not include Cloud Services.1.7. “Program Documentation” refers to the user manuals referenced within the Service Specifications forCloud Services, as well as any help windows and readme files for the Oracle Programs that are accessiblefrom within the Services. The Program Documentation describes technical and functional aspects of theOracle Programs. For Oracle Infrastructure-as-a-Service (IaaS) Cloud Services, “Program Documentation”includes documentation, help windows and readme files for the IaaS hardware products. You may accessthe documentation online at or such other address specified by Oracle.1.8.“Services” means, collectively, both the Cloud Services and Professional Services that You have ordered.1.9.“Services Environment” refers to the combination of hardware and software components owned, licensedor managed by Oracle to which Oracle grants You and Your Users access as part of the Cloud Serviceswhich You have ordered. As applicable and subject to the terms of this Agreement and Your order, OraclePrograms, Third Party Content, Your Content and Your Applications may be hosted in the ServicesEnvironment.1.10. “Service Specifications” means the descriptions on, or such other addressspecified by Oracle, that are applicable to the Services under Your order, including any ProgramDocumentation, hosting, support and security policies (for example, Oracle Cloud Hosting and DeliveryPolicies), and other descriptions referenced or incorporated in such descriptions or Your order.1.11. “Services Period” refers to the period of time for which You have ordered Cloud Services as specified inYour order.ErieCommCollege PubSec CSA v101014 QKing v1Page 1 of 11

1.12. “Third Party Content” means all text, files, images, graphics, illustrations, information, data, audio, video,photographs and other content and material, in any format, that are obtained or derived from third partysources outside of Oracle and made available to You through, within, or in conjunction with Your use of, theCloud Services. Examples of Third Party Content include data feeds from social network services, rssfeeds from blog posts, data libraries and dictionaries, and marketing data.1.13. “Users” means those employees, contractors, and end users, as applicable, authorized by You or on Yourbehalf to use the Cloud Services in accordance with this Agreement and Your order. For Cloud Servicesthat are specifically designed to allow Your clients, agents, customers, suppliers, or other third parties toaccess the Cloud Services to interact with You, such third parties will be considered “Users” subject to theterms of this Agreement and Your order.1.14. “You” and “Your” refers to the entity that has executed this Agreement.1.15. “Your Applications” means all software programs, including any source code for such programs, that Youor Your Users provide and load onto, or create using, any Oracle “platform-as-a-service” or “infrastructureas-a-service” Cloud Services. Services under this Agreement, including Oracle Programs and ServicesEnvironments, Oracle intellectual property, and all derivative works thereof, do not fall within the meaning ofthe term “Your Applications.”1.16. “Your Content” means all text, files, images, graphics, illustrations, information, data (including PersonalData as that term is defined in the Data Processing Agreement for Oracle Cloud Services described inSection 11.2 below), audio, video, photographs and other content and material (other than YourApplications), in any format, provided by You or on behalf of Your Users that reside in, or run on or through,the Services Environment.2.TERM OF AGREEMENTUnless this Agreement is terminated earlier as described below, You may place orders governed by thisAgreement for a period of five years from the effective date of this Agreement (indicated below in Section 24).This Agreement will continue to govern any order for the duration of the Services Period of such order.3.RIGHTS GRANTED3.1 For the duration of the Services Period and subject to Your payment obligations, and except as otherwiseset forth in this Agreement or Your order, You have the non-exclusive, non-assignable, worldwide limited right toaccess and use the Services that You ordered, including anything developed by Oracle and delivered to You aspart of the Services, solely for Your internal business operations and subject to the terms of this Agreement andYour order, including the Service Specifications. You may allow Your Users to use the Services for this purposeand You are responsible for Your Users’ compliance with this Agreement and the order.3.2 You do not acquire under this Agreement any right or license to use the Services, including the OraclePrograms and Services Environment, in excess of the scope and/or duration of the Services stated in Your order.Upon the end of the Services ordered, Your right to access and use the Services will terminate.3.3 To enable Oracle to provide You and Your Users with the Services, You grant Oracle the right to use,process and transmit, in accordance with this Agreement and Your order, Your Content and Your Applications forthe duration of the Services Period plus any additional post-termination period

Proposal was advertised and issued, requesting responses for electronic applicant tracking software. After evaluation by a committee of the functionality of the different software and needs of the Human Resources department, the successful vendor Oracle