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File #: A 25-219    Name: OpenText Amendment No. 1
Type: BoS Agreement Status: Passed
File created: 5/29/2025 In control: Board of Supervisors
On agenda: 6/10/2025 Final action: 6/10/2025
Title: a. Authorize the Chief Information Officer to execute non-standard Terms with OpenText Corporation for cloud services and professional services on an as-needed basis for a term of July 1, 2025, to June 30, 2030, for an amount of up to $150,000; b. Authorize the Chief Information Officer, or his designee, to execute order forms and any necessary documents to retain continued support for cloud services for the enterprise RightFax solution; and c. Accept non-standard Terms as recommended by the Chief Information Officer of the Information Technology Department; and d. Authorize the Chief Information Officer the option to extend the cloud hosted services, up to three (3) additional one (1) year periods through June 30, 2033, and sign associated Order Forms provided that additional total costs do not exceed 10% of the expected prior year’s cost, with a maximum total increase of $109,230, and a total not to exceed amount of $259,230, subject to Counsel review; and e. Authorize the ...
Attachments: 1. Board Report, 2. OpenText RightFax Cloud Service Terms, 3. OpenText Professional Services Agreement, 4. OpenText Contract No. SLP-20-70-0315A, 5. OpenText Amend No.pdf, 6. Sole Source Opentext, 7. BR OpenText 2023-2025, 8. Completed Board Order Item No. 49

Title

a. Authorize the Chief Information Officer to execute non-standard Terms with OpenText Corporation for cloud services and professional services on an as-needed basis for a term of July 1, 2025, to June 30, 2030, for an amount of up to $150,000;

b. Authorize the Chief Information Officer, or his designee, to execute order forms and any necessary documents to retain continued support for cloud services for the enterprise RightFax solution; and

c. Accept non-standard Terms as recommended by the Chief Information Officer of the Information Technology Department; and

d. Authorize the Chief Information Officer the option to extend the cloud hosted services, up to three (3) additional one (1) year periods through June 30, 2033, and sign associated Order Forms provided that additional total costs do not exceed 10% of the expected prior year’s cost, with a maximum total increase of $109,230, and a total not to exceed amount of $259,230, subject to Counsel review; and

e. Authorize the Chief Information Officer or his designee to extend the non-standard Agreement (Amendment No. 1) with OpenText, Contract Number SLP-20-70-0315A, retroactive to March 21, 2025 through June 30, 2025 to submit current invoices. 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Authorize the Chief Information Officer to execute non-standard Terms with OpenText Corporation for cloud services and professional services on an as-needed basis for a term of July 1, 2025, to June 30, 2030, for an amount of up to $150,000;

b. Authorize the Chief Information Officer, or his designee, to execute order forms and any necessary documents to retain continued support for cloud services for the enterprise RightFax solution; and

c. Accept non-standard Terms as recommended by the Chief Information Officer of the Information Technology Department; and

d. Authorize the Chief Information Officer the option to extend the cloud hosted services, up to three (3) additional one (1) year periods through June 30, 2033, and sign associated Order Forms provided that additional total costs do not exceed 10% of the expected prior year’s cost, with a maximum total increase of $109,230, and a total not to exceed amount of $259,230, subject to Counsel review; and

e. Authorize the Chief Information Officer or his designee to extend the non-standard Agreement (Amendment No. 1) with OpenText, Contract Number SLP-20-70-0315A, retroactive to March 21, 2025 through June 30, 2025 to submit current invoices.

 

SUMMARY:

OpenText Corporation (OpenText) is the manufacturer for RightFax product, a digital faxing business solution that allows users to send and receive faxes electronically.  RightFax allows users to send faxes directly from their desktops in a secure manner. The approval of procuring services with OpenText will allow the County to pay for cloud hosting services for the RightFax product.

 

DISCUSSION:

The Information Technology Department (ITD) has been a customer of OpenText, the manufacturer for RightFax, for over fifteen years.  RightFax is the County’s enterprise fax solution that allows County employees to send and receive digital faxes directly from desktops and multifunction printers.  This solution reduces the need to handle paper faxes and enables workflows for receiving, reviewing, and handling the online documents securely through access controls. 

OpenText has changed their business plan by utilizing resellers for their subscription services, however, the cloud service charge is not transferable to resellers and must be procured directly through OpenText.

ITD has received approval for a sole source procurement to allow for ITD to purchase the cloud enterprise service directly with OpenText.  However, ITD will procure RightFax subscription services from an OpenText reseller through an approved cooperative agreement. 

The Chief Information Officer recommends the approval of this proposed procurement method with OpenText Corporation for cloud hosing services, and the amendment of OpenText, Contract Number SLP-20-70-0315A retroactive to March 21, 2025 through June 30, 2025 to pay for current services.   

 

OTHER AGENCY INVOLVEMENT:

County Counsel has reviewed and approved this non-standard agreement.  Auditor-Controller reviewed the contract but does not agree to the non-standard payment provisions.

 

FINANCING:

Required funds will be included in each respective Requested Budget for the Information Technology Department, ITD 1930, Appropriations Unit INF002.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The recommended non-standard terms with OpenText for cloud services for the use of RightFax products.  

 

 

__Economic Development

X Administration

X Health & Human Services

__Infrastructure

__Public Safety

 

Prepared by: Sandra Shaffer, Management Analyst III, 759-6957

 

Approved by: Eric A. Chatham, Chief Information Officer, 759-6920

 

Attachments:

OpenText RightFax cloud service terms

OpenText professional services agreement

OpenText, Contract Number SLP-20-70-0315A

OpenText Amend No. 1                    

Sole Source OpenText

BR OpenText 2023-2025