1 THIRD MODIFICATION OF MAINTENANCE NO. 10419 (CCS)
This Third Modification of Agreement Number 10419 (CCS) (“Third Modification”) entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Infor Public Sector, Inc. (“Contractor”) is made with reference to the following:
RECITALS
A. On or about 4/4/2001, City and Contractor’s predecessor entered into that certain Software License Agreement No. 7636 (CCS).
B. On or about 9/7/2010, the City and Contractor entered into Agreement Number 9238 (CCS) for a Computerized Maintenance Management System (CMMS) for the Water Resources Division (“Original Agreement”).
C. On or about^^4/3/2017, the City and Contractor entered into a First Modification of Agreement Number 10419 (CCS) (“First Modification”) which extended the term of the agreement and increased funding to pay for the extension. Agreement Number 9238 was assigned a new Agreement Number 10419 (CCS).
D. On or about 4/12/2022, the City and Contractor entered into a Second Modification of Agreement Number 10419 (CCS) (“Second Modification”) which extended the term of the agreement and increased funding to pay for the extension. The Original Agreement, First Modification, and Second Modification may be refereed to collectively herein as “the Agreement.”
E. The City and Contractor desire to modify the Agreement to extend its duration and increase the agreement price to pay for the extension.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section II of the Exhibit A, Order Form of the Agreement entitled “Support Services” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on February 28, 2025, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
2. Section II of the Exhibit A, Order Form of the Agreement be modified by adding the following paragraph:
Compensation. The City will compensate Contractor for the Additional Services in an amount not to exceed $180,000, as set forth in Exhibit B-3. The total agreement price for services pursuant to the Software License Agreement No. 7636 (CCS), the Original Agreement, the First Modification, the Second Modification, and this Third Modification shall not exceed $1,169,334.
DocuSign Envelope ID: 0402FD7E-A58E-4200-9369-CC1CF2B67801 3/29/2023
2 3. Exhibit B-3 is attached hereto and incorporated herein by this reference.
4. Execution in Counterparts. This Second Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Second Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
5. Except as expressly modified by this Second 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 Second Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
DOUGLAS SLOAN
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
DAVID WHITE
City Manager
Contractor Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 0402FD7E-A58E-4200-9369-CC1CF2B67801 3/23/2023
City Attorney
DOUGLAS SLOAN
Manager, Infor Subscription Services
3/27/2023
Infor
Ed Foley
David White
City Manager
3/29/2023
Assistant City Clerk
Nikima Newsome
4/3/2023
EXHIBIT B-3
Budget
Original Contract: $104,720
Extension: $231,948
Sole Source Purchase Order: $231,250
1st Modification: $355,416
2nd Modification: $66,000
3rd Modification: $180,000
Total Contract NTE (Original Contract, Extension, Sole Source PO, 1st Modification 2nd Modification & 3rd Modification): $1,169,334.
DocuSign Envelope ID: 0402FD7E-A58E-4200-9369-CC1CF2B67801