The URL can be used to link to this page

Home My WebLink AboutINFOR (US) INC. (FORMERLY LAWSON SOFTWARE) 2LnFor ORDER FORM As it relates to the Component Systems specified heroin, this Order Form is subjectto the terms of tilt EndUse• License Agreement between Infor (US), Inc.. ( "Infer") and City of Santa Ana ("Lieensee') with an offensive date of March 3, 2068 (the `License Agreement "). 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, if 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 Ordur 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 Infor's current standard maintenance and support services (and may be referred to in the Agreenent as Maintenance and/or Support, Annual Support, Support Services, On -Going Support or One Point Support); "Order Porm" means a mutually agreed upon ordering document (and may be referred to in the Agreement as Product Order Form, Addendum, Schedule, Supplement or Supplemental Schedtde); "User Restriction" means the license restriction applicable to the Component System (which may atso be referred to as Maximum Use Designation) 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; hn addition, based on the applicable Agreement, listed Component Systems herein owned by a third party (a `Third Patty Licensor ") may also be referrer( to in the Agreement as "Additional Software" or "Third Party Software ". I. Component Systems t(a), Component Systems Upgrade from: Praduetlon I'he Component Systems in table l(a) are herein referred to as the "Current Component Systems I(b). Component Systems Upgrade to: Production part # (if applicable) Component System T User Restriction's Quantity Type Support levee'* m Production - PROD: Site 1 I BPP -MNC NeCF_xpress Canpiler - PRODUCTION I CU XTP ? iiPP -MNX NetFxres ps App Random —PRODUCTION— _ 110 CU XTP - '--- _... -._. _. Cold Disaster Recovery - COLD: Site 81 3 -A BPP -MNC NetExpress Compiler t3PP -MNX ±N _P App Rwriime 1 CU 110 Ctl XTP XTA Test /Development -TEST: Site 91 5 13PP -MNC NetExpress Compiler I CU XTP 6 BPP -MNX NetExpt -ess App Runtime 0 =F CU I'he Component Systems in table l(a) are herein referred to as the "Current Component Systems I(b). Component Systems Upgrade to: Production Page i of I'D 24Nov2G IS OP -03103799 v3 I' rt# User Restriction* Support (if applicable) Component $ystom Quantity Type level ** Production- PROD; LI -Santa Ana_ 6236938) 1 BPP -MVC MF Visual COBOL for Windows Compiler I NU XTP 2 _ MFCOBOLServerApplicationRuntime - _ 11{7 BPP -MVX Windows Cu XTP _ Cold Disaster Recovery - COI..D: 1,4 - Santa Ann (6233882) 3 BPP -MVC MP Visual COBOL fur Windows Compiler 1 NU XTP <I MF CO1_361 Sorve• Application Runtime - BPP -MVX _ Windows I10 CU XTP Test /Development - 'PEST: L5.Santa Ann (6232213) 5 BPP -MVC MF Visual COBOL for Windows Compiler I NU XTP Page i of I'D 24Nov2G IS OP -03103799 v3 6 BPP -MVX bVi MP CdUBowsUL Server Application Runtimc - 10 Cu XTP n Fhe Component Systems in table 1(b) are herein referred to as the "New Comnonent Svstems". ' "If specified in the User Restriction field: CU - "Concurrent Users" allows access to the Component System up to the state(] maximum number of individual concurrent users who are simultaneously logged on to the Component System at any given point in time, irrespective as to whether or not any such user is actually using resources related to the Component System. NU - "Named Users" Allows access to the Component System up to the stated maximum number of individual named users, irrespective as to whether any such user is actively logged on to the Component Systems at a given point in time; The Licensee agues to assign to each Named User a unique identification profile, it being agreed that to the extent Licensee uses generic user profiles as a means to access the Component System, each separate log -on accessing the Component System will be counted as a separate user, "If specified in the Support Level field: "XTP" means Xnyeme Premium Support. Descriptions of the then current support plans for Infer, can be found at: httn i/www.iiifoi.conVcontentibi*(iciitires/ini'omtremc upportnlanfeantres >I df/ H. Support Services Additional Annual Support Wee: $5,512.00 All amounts are in US Dollars unless otherwise s eeitied Payment is due within fifteen (IS) days of Order Form Date. I Currency United States Dollars Annual Escalation Percentage Cap: 6% or the then - current year-over-year increase in the Consumer Price Index (CPI-U , whichever is Ecater. E ui ment (on which Component Systems will be installed): Licensee Account ID: 2149 -L Com uter Platform: Model: Initial Term of Support: Order Form Date through one 1) year form Omer Form Date Operating System: DBMS: _ Fee for Initial Term of Supper _ $5 512.00 MF Net Express Compiler to MF Visual COBOL for Windows Compiler - Upgrade Fee (BPP -MVCW- UGF) for 2 Named Users $3,000.00 MF Application Runtime to MF COBOL Server Application Runtime. Upgrade Fee (BPP- MVX -UGF) for 120 Concurrent Users $12,600.00 Delivery Address: Invoice Address: Total Amount Due before applicable taxes): $21 112.00 Payment Terms: I All amounts are in US Dollars unless otherwise s eeitied Payment is due within fifteen (IS) days of Order Form Date. I Currency United States Dollars E ui ment (on which Component Systems will be installed): Licensee Account ID: 2149 -L Com uter Platform: Model: Infer GL ID: USOAB Operating System: DBMS: Account Executive Namo: Wells Beacham Serial Number: Location: Same as Delivery Address Delivery Address: Invoice Address: City of Santa Ana 20 Civic Center Plaza, M/S M 17 Santa Ana, CA 92701 City of Santa Ana 20 Civic Center Plaza, M/S M 17 Santa Ana, CA 92701 Contact Name: Mr. Francisco Gutierrez Contact Name: Mr. Francisco Gutierrez Contact Title: Executive Director of Finance Contact Title: Executive Director of Finance Contact Phone: 714.647.5420 Contact Phone: 714.647.5420 Contact omail: futierrezidsama- ana.or Contact email:futiorrez,sanm- ana.cn Page 2 of 3 TD 24Unv 201 i OP- 03103799 0 Ill. iAdditional Terms Delivery is FOB Shipping Point. The following tenor apply to any Third Party Software licensed under the Older Fonn, 1. Licensee may not copy or modify Third Party Software or related Documentation. Licensee may only use `I'l-did Party Software in accordance with related Documentation and solely in conjunction with the Component Systems. 2. The Third Party Licensor is a thircl -party beneficiary to the Agreement with respect to its Third Party Software. In the event of unauthorized use, export or disclosure of a Third Party Software in breach of the Agreement, the Third Party Licensor and Inter shall be entitled to an injunction against such breach, in addition to any other legal or equitable remedies that may be available to them. Upgrade Terms Licensee dCSII'65 to n ade the Current Component Systems set forth above for the New Component Systems set forth above. Licensee is hereby granted a license to use the New Component Systems subject to the terms herein and in the Agreements. Provided that Licensee continues to pay Support for the Current Component Systems while transitioning from the Current Component Systems to the New Component Systems (the "Transition Period "), Licensee may continue to use and receive Support on the Current Component Systems during the Transition Period. Licensee's license to use the Current Component Systems shall terminate upon Licensee's use of the New Component Systems in a production environment. Upon the termination of Licensee's license to use the Current Component Systems (the "Tenn it) anon Date "), Licensee shall cease all production and non - production use of the Current Component Systems and no longer be eligible to receive Support in connection therewith nor be entitled to any refund of Support fees paid to Infor. Support for the New Component Systems will be subject to the tens herein and in the Agreements. Licensee may not use the Current Component Systems and New Component Systems in a production environment at the same time. Effective date of this Order Form: (the "Order Form Date') THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. For: lnfor (US), Inc. For: City of Santa Ana (Legal Name of Licensee) Signature Si nature David Cavazos Ty2cd or Printed Name Typed or Printed Name City Manager Title Tide Date Date ATTEST: APPROVED AS TO FORM: Maria D. Hnizar J n M. Funk Clerk of Council Assistant City Attorney Page 3 of 3 11) 24Nov201 S OP-02108799 v3