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HomeMy WebLinkAbout25F - AGMT - FINANCIAL SYS SOFTWARE LICENSESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: ORDER FORM WITH INFOR (US) INC FOR FINANCIAL SYSTEM SOFTWARE LICENSES (A- 2008 -037) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize an order form with Infor (US) Inc., formerly Lawson Software Americas, Inc., against agreement no. A- 2008 -037 for Lawson financial system software licenses in an amount not to exceed $159,610 and maintenance not to exceed $31,922, with two one year maintenance renewals in accordance with the terms of the order form, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 3, 2008, the City Council approved an agreement with Lawson Software Americas, Inc. to purchase the Lawson financial system. The system went live in September 2009 and is used by all City departments to process, track, and report on the City's financial information and transactions. Key functions include general ledger, grant management, projects and activities, accounts payable, cash management, billing, accounts receivable, asset management, requisitions, purchase orders, inventory, business intelligence and reporting. In 2012, Lawson was purchased by Infor, a global provider of enterprise resource planning systems. In a recent collaborative system review between the City and Infor /Lawson, the review identified the need to purchase additional licenses to meet the current and future business needs of the City. As such, Staff recommends processing an order for additional Lawson software licenses required to meet City requirements. The master Lawson agreement (A- 2008 -037) and the order form provide for annual software maintenance and support that entitles the City to receive software updates and technical support services. The agreement maintains the current annual maintenance increase to not more than 4% plus the Consumer Price Index (CPI) rate. FISCAL IMPACT Funds are available in the Finance Management Lawson Accounting Unit 10910141 (account 66510 Computer Software $159,610 and account 62300 Contract Services $31,922). APPROVED AS TO FUNDS AND ACCOUNTS: nf� t �a�� a� Francisco Gutierrez Executive Director Finance and Management Services Agency 25F -1 Exhibit: 1. Infor Order Form 25F -2 ORDERFORM As it relates to the Component Systems specified herein, this Order Form Is subject to the terms of the Master Terms and Conditions between Infor (US) Inc (as successor -in- interest to Lawson Software Americas, Inc.) ('Infor") and City of Santa Ana ( "Licensee ') with an effective date of March 03 2008 (the 'License Agreement"), City agreement number A•2008.037. As it relates to Support for the Component Systems, this Order Form is subject to the applicable terms of the License Agreement (to the extent it concerns Support) or, H Support is the subject of a separate Support agreement related to the License Agreement, the terms of such Support Agreement (the "Support Agreement'). The License Agreement and related Support Agreement (if any) are referred to herein as the "Agreement ". All terms of the Agreement are incorporated herein by reference. Capitalized terms not defined In this Order Form are defined in the Agreement. In the event of a conflict, the terms of this Order Form control over the terms of the Agreement. In the event the capitalized terms In this Order Form differ from the terminology used in the Agreement, references herein to: "Component Systems' means the software products that are being licensed (and may be referred to in the Agreement as Products, Software Products, Software, Programs or Licensed Programs); "Support" means infors current standard maintenance and support services (and may be referred to in the Agreement as Maintenance and Support, Annual Support, Support Services, On -Going Support or One Point Support); "Order Form" means a mutually agreed upon ordering document (and may be referred to in the Agreement as Schedule, Supplement or Supplemental Schedule); "User Restriction" means the license restriction applicable to the Component System in addition to any license restrictions in the Agreement; "Annual Escalation Percentage Cap' means the maximum percentage Increase in the annual Support Fee on an annual basis. In addition, based on the applicable Agreement, listed Component Systems herein owned by a third party may also be referred to In the Agreement as "Additional Software" or "Third Parry Software'. Effective date of this Order Form: I. ComoonerttSvstems Newly Licensed Component Systems - Production (the "Order Form Date ") Additional Quantities of Previously Linensad Cmmnnnont Avsrame _ FFPart Part fl (if applicable) Component System User Restriction* Quantity Type Support level"" 1 S3F- NIRBACI Project Accountin inquiry 100 NU XTP 2 S3F- FINPROI Financial Procurement Inquiry 248 NU XTP Additional Quantities of Previously Linensad Cmmnnnont Avsrame _ FFPart 0 (if applicable) Component System y User Restriction" Quantity Type "" 1 S3F -Ii Project Accounting 20 NU J,,piort Financial Procurement Packs a 34 NU Total License Fee: $188,010.00 "If specified In the User Restriction field: • NU — 'Named Users" means the maximum number of Users designated by Licensee for each Product designated above as "NU ". "'Support Level: Infor Xtreme ( "XT ") Support unless otherwise indicated. Descriptions of the Support levels can be found at h0m /Awry Infor comlcontenGbroghprsslnfandremesu000rtolanfeeh res nr,fr If Applicable, "XTP" = Infor Xtreme Premium (24x7) and "XTE "= Infor Xtreme Elite (207) Plus Page I of 3 25F -3 if. Su000rt Services Additional Annual Support Fee: $31,922.00 Licensee Account ID: 2148 -L Computer Platform: Hewlett Packard Annual Escalation Percentage Cap: CPI plus 4% of the previous year's annual maintenance. "CPT' means the then current annual Consumer Price Index, All Urban Consumers percentage, or e uivalant Index published by the United States De artment of Labor. Operating System: Windows® DBMS: SOL Server_ Account Executive Name: Andrew Nelsen! Rook Ra Contact Title: Initial Term of Su ort: June 1 2014 through May 31 2015 Location: Same as Delivery Address Contact email: f utierrez sants- ana.or Contact email: Fee for Initial Term of Support: 531 022.00 Total Amount Due before a !!cable taxes : $1912.04_ Equipment on which Component Systems will be installed): Licensee Account ID: 2148 -L Computer Platform: Hewlett Packard Infor OL ID: USOAS Operating System: Windows® DBMS: SOL Server_ Account Executive Name: Andrew Nelsen! Rook Ra Contact Title: Contact Phone: 714.647.5420 Location: Same as Delivery Address Contact email: f utierrez sants- ana.or Delivery Address: Invoice Address: (if blank, the Delivery Address shall be used for Invoicing 20 Civic Center Plaza, M!S M17 Santa Ana, CA 92701 Contact Name: Mr. Francisco Gutierrez Contact Name: Contact Title: Executive Director of Finance Contact Title: Contact Phone: 714.647.5420 Contact Phone: Contact email: f utierrez sants- ana.or Contact email: 111. Additional Terms Delivery Is FOB Shipping Point. Licensee's purchase of the licenses specified herein is not contingent or dependent upon the provision of any consulting services Licensee may choose to purchase from Infor contemporaneously with this Order Form or in the future. No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in writing by both parties. Any purchase order or similar document (other than a mutually executed and delivered Order Form) that may be issued by the undersigned Licensee 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 h is In writing, is signed by each party, and expressly provides that it amends this Order Form (or as applicable, the Agreement). For U.S. Government entities, the following restricted rights clause applies: This Component System Is a "commercial component,' as this term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software' and "computer software documentation," as such terms are defined in 48 C.F.R. 252.227- 7014(a)(1) and 48 C.F.R. 252.227 - 7014(a)(5), respectively, and used in 48 C.F.R. 12.212 and 48 C.F.R. 227.2702, as applicable, and all as amended from time to time. Conaistentwhh 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entitles acquire this Component System only with those rights set forth in the license agreement accompanying this Component System. Use, duplication, reproduction, or transfer of this commercial software and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and by a license agreement. Page 2 of 3 25F -4 By signing this Order Form, Licensee represents and warrants that it has obtained all necessary authorizations and approvals including, but not limited to, appropriation of funds and budget approval. THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. For: In r US Inc. For: City of Santa Ana (Legal Name of Licensee i 11nature Signature Patricia Elias David Cavazos Typed or Printed Name Tvoed or Printed Name Associate General Counsel City Manager Title Title May 9, 2014 Dale Date ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: L StifildR. Carvalho City Attorney by Lisa Storck, Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez Executive Director ml-- and Mana ement Se vices A enc Page 3 of 3 25F -5 25F -6