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HomeMy WebLinkAboutC2022-249 - 12/20/2022 - Approved DocuSign Envelope ID:8DA402A8-2008-4BE2-8336-5D1 FBA5D915A SaaS Order Form This Order Form is subject to the terms of the Subscription License and Services Agreement between Infor(US),LLC("Infor")and City of Corpus Christi,Texas("Customer"or"Licensee")with an effective date of April 23,2021 (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,references herein to:"Customer''and"Licensee"shall have the same meaning and may be used interchangeably,"Subscription Software"and"Component Systems"shall have the same meaning,refer to the computer software programs identified in this Order Form and may be referred to in the Agreement as Component Systems,Products, Software Products,Subscription Software,Software, Standard Software,Programs or Licensed Programs,and"License Restriction"means any limitation on the use of the Subscription Software and may be referred to in the Agreement as License Restriction or User Restriction. L Subscription Software—PROD:Corpus Christi Part# Subscription Software License Restriction* Support (if applicable) Level* Quantity Type 1 WFM-S-MVS-MT Workforce Management MVS Bundle-SaaS MT 2,000 EM CXTE 2 WFM-S-TA-MT Workforce Management Time&Attendance-SaaS Bundle- 2,000 EM CXTE SaaS MT For the purpose of the definitions below,Component System and Subscription Software may be used interchangeably. *If specified in the User/License Restriction field: 'EM"=Employee-The total number of individuals who are or have been employees of Licensee(whether employed on a full-time,part- time,seasonal or other basis)or independent contractors of Licensee(whether engaged directly or through a third parry as contract workers, consultants,freelancers or other capacity). For licensing purposes,former employees and independent contractors of Licensee shall only count as Employees if their data is maintained or processed by the Component System for administrative,pension or payroll purposes. Within thirty days following each anniversary of the Order Form Date(each an"Anniversary"),Licensee will provide detail regarding the total number of Employees as of such Anniversary.If the actual number of Employees as of an Anniversary is in excess of the specified licensed quantity of Employees as of such Anniversary,Licensee will purchase additional licenses corresponding to such excess amount. **Support Level for Subscription Software: "CXT"=Infor Essential(24X5),"CXTP"=Infor Premium(24x7); "CXTE"=Infor Customer Success Plus program Descriptions of these plans can be found at http://www.infor.com/cloud/subscriptiort/ 11.Subscription Term and Subscription Fees Annual Subscription Fee for Year 1(Order form date Through October 30,2023)of the Initial Subscription Term:$196,325.00 Additional Annual Subscription Fee for Year 2-3 of Initial Subscription Term:$200,163.98 Additional Annual Subscription Fee for Year 4 of Initial Subscription Term:$214,175.46 Additional Annual Subscription Fee for Year 5 of Initial Subscription Term:$229,167.74 Initial Subscription Term: Order Form Date through October 30,2027 ***Fee for Initial Subscription Term: $1,039,996.16 Order Form SaaS(CPQ-Jun 2018)OP-04288355 SQB340684_1 DT 80 18 May 2022 Page 1 of 3 DocuSign Envelope ID:8DA402A8-2008-4BE2-8336-5D1 FBA5D915A Total Amount Due(before applicable taxes): $1,039,996.16 ***The Subscription Fee is prorated based on the anticipated Order Form Date to coincide with the expiration date of Customer's current Subscription Term. This fee will vary based on the actual Order Form Date Currency:USD 111.Pavment Terms: Payment is due within 60 days of the date of invoice. Customer shall pay the Annual Subscription Fee,in advance,as invoiced by Infor. The first Annual Subscription Fee,plus applicable taxes, will be invoiced promptly upon Order Form Date.All other Annual Subscription Fees will be invoiced such that they are due prior to the commencement of the portion of the Subscription Term to which the Annual Subscription Fee applies. Customer Account ID: 100013196 Infor GL ID: USOAB Account Executive Name: Jeremiah Wissinger Primary-Use Address: Invoice Address: City Of Corpus Christi,Texas City Of Corpus Christi,Texas 1201 Leopard Street 1201 Leopard Street Corpus Christi,TX 78469 Corpus Christi,TX 78469 USA USA Contact Name:Peter Collins Contact Name:Peter Collins Contact Phone:361-826-3735 Contact Phone:361-826-3735 Contact email:peterc@cctexas.com Contact email:ITInvoice@cctexas.com IV.Additional Terms Please visit https://www.infor.com/customer-center/MTcloud for benefits related to the Infor Multi-tenant Cloud Customer Bill of Rights (only applicable to Subscription Software hosted in a multi-tenant environment). The Service Level Agreement sets forth additional terms and conditions applicable to Customer's access to and use of the Subscription Software licensed herein. The terms of the Agreement are hereby amended by the Service Level Agreement as it relates to the Subscription Software licensed herein. In the event of a conflict between the terms and conditions of the Agreement and the provisions of the Service Level Agreement,the provisions of the Service Level Agreement shall govern and control. The Service Level Agreement can be found at: htti2s://www.infor.com/service-level-descri tion Customer agrees that it will take all necessary steps and make timely requests for the appropriation of funds to make all payments called for under the Agreement and use its best efforts and take all steps to cause such appropriations to be made. In the event that(i)no funds for the succeeding fiscal period have been appropriated for the Renewal Term.then Customer may terminate this Order Form at its option at the end of any then-current fiscal period or the Subscription Term by giving notice to Infor as soon as reasonably practicable. Customer represents that funding has been appropriated sufficient to pay amounts due under this Order Form for the current fiscal year. For the avoidance of doubt,terminations under this section apply to subsequent Subscription Terms and do not entitle Customer to any refund of prepaid fees in the present Subscription Term. The Information Security Plan sets forth additional terms and conditions applicable to Customer's access to and use of the Subscription Software licensed herein. The terms of the Agreement are hereby amended by the Information Security Plan as it relates to the Subscription Software licensed herein. In the event of a conflict between the terms and conditions of the Agreement and the provisions of the Information Security Plan,the provisions of the Information Security Plan shall govern and control. The Information Security Plan can be found at: https://www.infor.com/security-plan. In consideration for the pricing and terms under this order form,Infor may make reference to Customer as a customer in press releases and written and verbal communications. Customer agrees to act as a reference for Infor, including participating in reference calls and other reference activities as may be reasonably requested by Infor. Order Form SaaS(CPQ-Jun 2018)OP-04288355 SQB340684_1 DT 80 18 May 2022 Page 2 of 3 DocuSign Envelope ID:8DA402A8-2008-4BE2-8336-5D1 FBA5D915A 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. THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. for: Infor(US),LLC for: City Of Corpus Christi,Texas UkkOignedby: wbert icensee) M7 Kaffi€�97DC304A4.._ h656E5B4EC_.. Mary McCrayer Josh Chronley Typed or Printed Name Typed or Printed Name Senior Manager AD of Finance & Procurement Job Title Job Title 12/8/2022 12/23/2022 Date Date for: City Of Corpus Christi,Texas nom.qxi�,e�ns�ee) rg a Josh Chronley Typed or Printed Name AD of Finance & Procurement Jlo / %2022 Date APPROVED AS TO LEGAL FORM DocuSignedlI+by: '�,"' �t '�,t/jU 4 C�uut,� 12/22/2022 4Q1ASsisiani54C�ity Attorney Date Res.032944 Authorized By ATTEST: ^-DocuSigned by: Council 12-20-2022 Er; Bs Rebecca Huerta /s City Secretary Order Form SaaS(CPQ-Jun 2018)OP-04288355 SQB340684_1 DT 80 18 May 2022 Page 3 of 3