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HomeMy WebLinkAboutINFOR (US) LLC (3)INs iq U,S'IEf1 Epy{'1gpQ1,4:. M4A1B3-C20B-4233-B762-40542C354E52 WUI(Ft MACYYITTY CCIIIL:::EERRKK DATE: Order Form A-2023-085-02 �M�laAnkc� �• This Order Form is subject to the terms of the Agreement(s) between the parties (the "Agreement"). All terms of the Agreement are incorporated herein by reference. In the event of a conflict, the terms of this Order Form control over the terms of the Agreement. Capitalized terms not defined in this Order Form are defined in the Agreement. In the event the capitalized terms in this Order Form differ from the terminology used in the Agreement, the parties shall apply terms logically. I. On Premise Software PROD: SITE-1 Part # On Premise Software User Restriction* Support (if applicable) Level** Quantity Type 1 S3F-FINPRO Infor Lawson Financial Procurement Package 12 NU XTP 2 S3F-MRBAC Infor Lawson Project Accounting 52 NU XTP Total License Fee: $92,800.00 * If specified in the User Restriction field: "NU" = Named Users - Allows access to the Software up to the stated maximum number of individual named users, irrespective as to whether any such user is actively logged on to the Software at a given point in time; The Customer agrees to assign to each Named User a unique identification profile, it being agreed that to the extent Customer uses generic user profiles as a means to access the Software, each separate log -on accessing the Software will be counted as a separate user. **Support Level "XT" = Infor Essential (24X5), "XTP" = Infor Premium (24x7); "XTE" = Infor Customer Success Plus program Descriptions of the XT and XTP Support plans can be found at http://www.infor.cDm/content/brochures/inforxtremesupportplanfeatures.pdf/. A description of the XTE - Customer Success Plus program can be found at https://www.infor.com/supporUcustomer-success-plus/ II. Support Services Annual Support Fee: $20,416.00 Annual Escalation Percentage Cap (effective after the Initial Term): 6% or the then -current year - over -year increase in the Consumer Price Index, whichever is greater. Initial Term of Support: Order Form Date through May 31, 2024. Fee for Initial Term of Support**: $23,604.25 *** The Fee for Initial Term of Support represents a proportional amount of the annual Support Fee based on the anticipated Order Form Date. This fee will vary based on the actual Order Form Date. SS Order Form (CPQ-English-US Mar 2019) OP-04458858 GC SQB390105_1-3 v1 4/6/2023 Page 1 of 3 DocuSlgn Envelope ID: 1 D84A1 B3-C20B-4233-B762-40542C354E52 Total Amount Due (before applicable taxes): Payment Terms: Payment is due within 15 days from the Order Form Date. Currency: USD Equipment (on which On Premise Software will be installed): Computer Platform: Model: Operating System: DBMS: Serial Number: Customer Account ID: 2149-L Infor GL ID: USOAB $116,404.25 Account Executive Name: Linda Luburich Delivery Address: Invoice Address: City of Santa Ana City of Santa Ana 20 Civic Center Plaza 20 Civic Center Plaza M-42 M42 Santa Ana, CA 92701 Santa Ana, CA 92701 USA USA Contact Name: Milanka Radic Contact Name: Milanka Radio Contact Phone: 714-647-5256 Contact Phone: 714-647-5408 Contact email: mradic@santa-ana.org Contact email: mradic@santa-ana.org III. Additional Terms Anything in the Agreement to the contrary notwithstanding, Infor warrants that for a period of ninety (90) days from the date of delivery, the On Premise Software will function substantially in accordance with the user documentation provided by Infor. This limited warranty shall not apply to (a) updates, enhancements, or modifications provided pursuant to Infor's Support obligations, or (b) previously licensed On Premise Software for which Customer is changing User Restrictions (e.g., without limitation, adding users) under an Order Form. Perpetual license - Subject to the terms and conditions of the Agreement and this Order Form, Infor grants Customer a perpetual (subject to the termination provision of the Agreement), non-exclusive, non -transferable license (without the right to sublease or sublicense) to use the object code of the On Premise Software specified herein (including any updates, enhancements, or modifications to such On Premise Software that Infor provides pursuant to its Support obligations) on the Equipment for Customer's own internal computing operations, provided Customer is not in breach of the provisions of the Agreement or this Order Form and has paid all fees in a timely manner. Support for the On Premise Software shall be provided on an annual basis upon Customer's payment of the annual Support Fee prior to the beginning of the applicable Support period. Support will automatically renew for consecutive annual periods beyond the initial Support period on a year-to-year basis unless either party notifies the other in writing of its election to terminate Support for the On Premise Software at least ninety (90) days prior the expiration of the then -current Support period. Unless otherwise stated in this Order Form, Customer has the right to use the On Premise Software in object code format only and no rights to source code are granted. Any rights not expressly granted in the Agreement and this Order Form are expressly reserved. If the Support renewal of Customer's previously licensed On Premise Software is pending, then Customer hereby consents to the renewal of Support services for such On Premise Software and irrevocably agrees to pay the corresponding fees. Non-payment of these fees will entitle Infor to suspend Support for the On Premise Software licensed herein until such payment is received. Any reference to "accept" or "acceptance" in the Agreement is not applicable to the On Premise Software licensed on this Order Form. SS Order Form (CPQ-English-US Mar 2019) OP-04458858 GC SQB390105_1-3 v1 4/6/2023 Page 2 of 3 DocuSign Envelope ID: 1 D84A1 B3-C20B-4233-B762-40542C354E52 A-2023-085-02 The total liability of Infor in connection with the On Premise Software licensed on this Order Form shall not exceed the license fee the Customer actually pays to Infor for such On Premise Software. No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in writing by both parties. The On Premise Software licensed on this Order Form are for production use only. If Customer wishes to run a copy of the On Premise Software for disaster recovery purposes, a separate Order Form is required and additional fees may be required. Any purchase order or similar document (other than a mutually executed and delivered Order Form) that may be issued by the undersigned Customer in connection with this Order Form does not modify this Order Form or the Agreement to which it pertains. No such modification will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Order Form (or as applicable, the Agreement). The On Premise Software licensed on this Order Form are new and/or additional licenses and are not intended to be an exchange or upgrade from any of Customer's previously licensed On Premise Software. If Customer's intent was for this Order Form to be an exchange or upgrade, then the previously licensed On Premise Software must be current on support and such support shall transfer to the On Premise Software licensed on this Order Form. Parties agree that no shipment shall be required for On Premise Software previously licensed to the Customer. For any new On Premise Software license, Delivery shall be FOB Shipping Point. Unless excluded by applicable law, Infor reserves the right to issue invoices electronically. Customer's purchase of the licenses specified herein is not contingent or dependent upon the provision of any consulting services Customer may choose to purchase from Infor contemporaneously with this Order Form or in the future. Effective date of this Order Form (the "Order Form Date") to be completed by Infor upon countersignature: 1 May 2023 THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. for: Infor (US), LLC (Infor) cuS19..d by: rV+ Sig na 954E6A45A9E14D5 Mary McCrayer Typed or Printed Name senior Manager, Deal Desk Job Title 01 May 2023 1 19:44:03 EDT ,11 0 e,l,tc� TL'Gh ftdo �� �i'10 V�i{-Ion S for: City of Santa Ana (Customer or Licensee) Signature �� Kristine Ridge City Manager shd x3 Date APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �, m. , Jose Montoya Assistant City Attorney SS Order Form (CPQ-English-US Mar 2019) OP-04458858 GC SQB390105_1-3 vl 4/6/2023 Page 3 of 3