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HomeMy WebLinkAboutInfor (US) - EAM Enterprise System - 3rd Amdt. - 2020 IZ1/6/ ?.Ozo ✓ 20 - 015c12 ( ( -0-) THIRD AMENDMENT TO SERVICE AGREEMENT THIS THIRD AMENDMENT TO SERVICE AGREEMENT (Amendment) made and entered into as of this 10th day of December 2020 (Effective Date), amends the Service Agreement entered into between the CITY OF FRESNO, a municipal corporation (City or Licensee), and INFOR (US), LLC., a Delaware limited liability corporation ( Infor). The City and Infor are collectively referred as the "Parties" in this Amendment. RECITALS WHEREAS, City and Infor entered into a Service Agreement dated October 25, 2018, for Infor Enterprise Asset Management (EAM) Implementation Services for the Department of Public Utilities (DPU) and Department of Public Works (DPW), and WHEREAS, City and Infor entered into an amendment dated April 9, 2020, to amend the scope and extend the Agreement to June 30, 2020 (First Amendment); and WHEREAS, the EAM Implementation project was placed on hold due to the COVID-19 pandemic, the City desires to restart the project and reengage with Infor, and WHEREAS, City desires to amend the original scope of work to include additional onsite implementation services within DPU Wastewater Management Division, for additional services related to the project; and end user training within the DPU Water Division, and WHEREAS, the City and Infor desire to extend the scope of work to March 31, 2021, to complete the project. AMENDMENT NOW, THEREFORE, the parties agree that the Service Agreement is amended as follows: 1. Infor shall provide additional services as described in Attachment A, attached hereto and incorporated herein by reference. 2. Infor's sole compensation for satisfactory performance of Services required or rendered pursuant to this Amendment shall be a total fee not to exceed $44,500. 3. The term of the scope of work shall be extended to March 31, 2021. 4. This Amendment shall become part of and subject to the terms and conditions of the Service Agreement, which except as modified herein, remains unchanged and in full force and effect. However, to the extent that the terms and conditions expressly set forth in this Amendment conflict with the terms and conditions of the Service Agreement, the terms and conditions expressly set forth in this Amendment will prevail. Unless otherwise defined in this Amendment, capitalized terms used herein shall have the meanings assigned to such terms in the Service Agreement. 1 IN WITNESS WHEREOF, the parties have executed this Third Amendment to Service Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, INFOR (US) LLC., a California municipal corporation a Delaware limited liability corporation By- N&�Mt CaWf at By: P&& D_ Michael Carbajal, Director Department of Public Utilities Name: Gregory Giangiordano Title: svP & General counsel APPROVED AS TO FORM: (If corporation or LLC., Board Chair, Pres. DOUGLAS T. SLOAN or Vice Pres.) City Attorney A� 11/25/2020 By: tr'al SL�ulntr By. brAJA V, (,bW Brad Steiner Brandon Collet Date Name: Senior Deputy City Attorney Title: svP & Deputy General counsel (If corporation or LLC., CFO, Treasurer, ATTEST: Secretary or Assistant Secretary) YVONNE SPENCE, CRM MMC City Clerk By. Io(h hay'fim"t 12/16/2020 Marco Martinez Date Deputy Addresses: CITY: INFOR: City of Fresno Infor (US), LLC Attention: John Turnipseed, Project Attention: Lindsay Pritchard Manager Associate General Counsel 5607 W. Jensen Ave 380 St. Peter Street Fresno, CA 93706 St. Paul, MN 55102 Phone: (559) 621-5295 Phone: (651) 767-7000 FAX: (559) 457-1595 FAX: (651) 767-4927 Attachments. Attachment A Services Change Order 3 Services Change Order This Fixed Fee Services Change Order("Change Order"or"Order") is subject to all terms and conditions of the Services Agreement between Infor (US). LLC ("Infor") and FRESNO, CITY OF ("City" or"Licensee") with an Effective Date of 10/25/2018 (the "Services Agreement") and constitutes a change to the Services Work Order identified below by Work Order Number("Work Order"). All terms of the Services Agreement and Work Order are incorporated herein by reference. Capitalized terms not defined in this Change Order are defined in the Services Agreement or Work Order. In the event of a conflict, the terms of this Change Order control over the terms of the Services Agreement and Work Order. Unless otherwise specified in this Change Order, the services, scope and estimated fees specified herein are incremental to the Work Order. Effective Date of Change Order:date of final signature below Original Work Order Date:10/26/2018 Change Order Number:04 Original Work Order Number:OP-04071110 Prepared by:Alexander Acman Project Name: City of Fresno-Change Order-Gerry Schoonmaker-EAM Implementation-C04 Description of Services to be Provided The purpose of this document is to present information related to the City's reengagement in the EAM implementation project and Go-Live events for the Water and Wastewater Collections departments. For the past eighteen months, Infor and the City have been involved in a project to implement the Infor EAM cloud solution for the City Wastewater,Water, and Public Works departments. Project efforts thus far have resulted in successful go-lives for the Wastewater Treatment plant and the Department of public works. Due to unforeseen circumstances presented by the COVID-19 pandemic,go-live efforts for the Water and Collections departments were interrupted and critical tasks were postponed resulting in deceleration of project progress. Infor and City stakeholders have been involved in discussions regarding the optimal approach for reengagement of project resources.The reengagement approach facilitates completion of task essential to successful go-live events for the Collections and Water departments. The following high-level tasks represent the remaining effort required for successful transition to a live EAM environment. ... ... .. - - ....... 'f Res..onslble Duration Date Collections Department-Process Design • Routes o Work Order Generation o Assignment&Scheduling • Work Execution Processes 0 Workflow • Materials Management • Define required data elements Collections Personnel, Infor Consultant 4 Days TBD o Closing Codes o Standard Work Orders o Parts • Security o User Groups o Status Authorizations o Screen Design Collections Deparment-System Configuration Infor Consultant 1 Week TBD Page 1 of 4 CLM-180803 i No Associated Deliverable,Work Product or Activity Amount MS 20 E 'Water Department End User Needs Assessment 2,292.00 MS 20 F Water Department End User Training 7,854.00 MS 20 G Water Department End User Training Prep 2,292.00 Grand Total 39,706.50 F Currency US Dollar The rates and terms specified herein are only valid if this Work Order is signed by Licensee by 12/20/2020. Fees do not include applicable taxes, which will be added to each invoice. Licensee will pay each Infor invoice within 15 days of the date of invoice. This payment obligation is non-cancelable, and the amounts paid are non-refundable. Travel and living expenses are not included in the fees stated herein and are in addition to such fees. Where a substantial variation from this Order is foreseen both parties must agree in writing to the additional work and amend this Order accordingly. Locations: Services may be provided at the facilities of Infor or its contractors, or at the Licensee sites listed below 1910 E. University Ave. Fresno CA 93703-2988 United States THE PARTIES have executed this Order through the signatures of their respective authorized representatives. Infor (US),LLC FRESNO,CITY OF Signature. Signature Printed Name: Printed Name: Title: Title: Address: Address 4213 Solutions Center Lockbox 774213 1910 E. University Ave. Chicago Fresno CA 93703-2988 IL 60677-4002 United States USA Signed Date : Signed Date Purchase Order Number: eBilling (Email Address) Invoice Mailing Address if different from: 1910 E. University Ave. Fresno CA 93703-2988 United States Address Page 3 of 4 CLM-180803