Contract No. 10419 (CCS) (formerly Contract No. 9238 (CCS))
FIRST MODIFICATION OF MAINTENANCE AGREEMENT
This FIRST MODIFICATION OF MAINTENANCE AGREEMENT No. 10419 (CCS) (formerly Contract No. 9238 (CCS) ("First Modification'), entered into this 3 day of pul 2017, by and between the CITY OF SANTA MONICA, a municipal corporation ("City"), and Infor Public Sector, Inc. ("Vendor") is made with reference to the following:
RECITALS:
A. On or about September 7, 2010, the City and Vendor entered into Agreement No. 10419 (CCS) (formerly Contract No. 9238 (CCS)) for software services to upgrade Hansen version 7 to version 8.
Concurrently, the City and Vendor entered into a Software Maintenance and Support Agreement ("Agreement").
B. On January 24, 2017, the Santa Monica City Council authorized a first modification to the Maintenance Agreement to extend the term for up to five years through February 28, 2022 and to purchase additional mobile software licenses for a total amount not to exceed $355,416.
C. The City and Vendor desire to modify the Agreement to extend the term for an additional five years in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
Section I of the Order Form (EXHIBIT A) of the Agreement entitled "Component Systems" shall be changed to include the following:
Part# Component Sytem User Restriction
Qty Type Price Support Level
14 HAN-MOBILE-WM Infor Field Inspector Work Management 20 Device $21,600 XT Total Mobile License Fee: | $21,600.00
2. Section II of the Order Form (EXHIBIT A) of the Agreement entitled "Support Services" shall be deleted and replaced with the following:
Term of Agreement. This Maintenance Agreement shall commence upon the execution date of the License Agreement and shall terminate on February 28, 2022 ("Expiration Date"), unless extended as provided herein or terminated in accordance with Section 2 of the Software Support Agreement.
Annual Escalation Percentage Cap: not to exceed 6% or the then-current year-over-year increase in the Consumer Price Index (CPI-U). Not to- exceed amounts billable to the City annually are listed in the table below:
1 Annual Support Mobile License Software
Year Period Total Fees
Fee Maintenance Fee
1 3/1/17 to 2/28/18 $ 53,018 4,320 $ 57,338
3/1/18 to 2/28/19 $ 56,199 4,579 $ 60,778
3/1/19 to 2/29/20 59,571 4,854 64,425
3/1/20 to 2/28/21 $ 63,145 5,145 $ 68,290
5 3/1/21 to 2/28/22 66,934 5,454 $ 72,388
TOTALS: $ : 298,867 $ 24,352 $ 323,219
3. Compensation for optional services not covered by the Software Support Agreement. In the event the City elects to have the Vendor provide additional tasks and optional services related to Hansen software including mobile version(s), Vendor shall be compensated for additional tasks and services requested by the City and performed by the Vendor in an amount not to exceed Ten Thousand, Five Hundred and Ninety-Seven Dollars ($10,597). All additional services shall be approved by the City in advance and in writing. The City is not required to request these optional services and can only do so by providing written notice to the Vendor of its request. 4 Except as expressly modified by this First Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
CITY OF SANTA MONICA,
ATTEST: a municipal corporation
- ick ole
denise Anders Stari By:
DENISE ANDERSON-WARREN IRICK COLE
City Clerk City Manager
APPROVED AS TO FORM:
Rest Howe
JOSEPH LAWRENCE
Interim City Attorney
Infor Public Sector, Inc.
By: (
Name: Lindsay Pritchard
Title: Associate General Counsel
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