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File #: 9966   
Type: Consent Status: Passed
File created: 4/26/2024 Department: Innovation and Technology
On agenda: 5/7/2024 Final action: 5/7/2024
Subject: Non-Financial Agreements with Dell Products, L.P. and Hewlett Packard Enterprise, Inc. for License Physical Infrastructure and Cloud Environment Analysis Software Tools
Attachments: 1. COV-ITD-5-7-24-HPE CloudPhysics Terms of Service, 2. COV-ITD-5-7-24-Live Optics End User License Agreement, 3. CON-ITD-5-7-24-HPE CloudPhysics Terms of Service, 4. CON-ITD-5-7-24-Live Optics End User License Agreement, 5. Item #30 Executed BAI, 6. 24-370 Executed Contract, 7. 24-371 Executed Contract
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION

May 7, 2024

FROM
LYNN FYHRLUND, Chief Information Officer, Innovation and Technology Department

SUBJECT
Title
Non-Financial Agreements with Dell Products, L.P. and Hewlett Packard Enterprise, Inc. for License Physical Infrastructure and Cloud Environment Analysis Software Tools
End

RECOMMENDATION(S)
Recommendation
1. Approve non-financial End User License Agreement, including non-standard terms, with Dell Products, L.P. for the use of open-source Live Optics software used to document configuration and performance of information technology infrastructure, for the period commencing on the date of first use of the software and continuing until terminated.
2. Approve non-financial Terms of Service, including non-standard terms, with Hewlett Packard Enterprise, Inc. for the use of open-source CloudPhysics software used to identify the optimal configuration of new and existing information technology cloud infrastructure, for the period commencing on the date of first use of the software and continuing until terminated.
3. Authorize the Chief Information Officer or Assistant Chief Information Officer to electronically accept the End User License Agreement in Recommendation No. 1, with Dell Products, L.P., and the Terms of Service in Recommendation No. 2, with Hewlett Packard Enterprise, Inc., and any future updates for either agreement, as they pertain to changes to the use of software, subject to review by County Counsel, provided that such updated terms do not substantively modify the terms of the original agreements.
4. Direct the Chief Information Officer or Assistant Chief Information Officer to transmit printed copies of any updated terms to the End User License Agreement and Terms of Service in Recommendation Nos. 1 and 2 related to the use of the software, that are electronically accepted, to the Clerk of the Board of Supervisors within 30 days...

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