HomeMy WebLinkAboutRimini Street, Inc. - Amendent No. 5 - 3-13-2023DocuSign Envelope ID: 9EB29977-EO90-453D-83OD-60BOD4065316
AMENDMENT NO. 5
This Amendment No. 5 to that certain Services Agreement dated May 7, 2013 ("Agreement"), as amended
by Amendment No. 1 to the Agreement dated June 4, 2013, Amendment No. 2 to the Agreement dated
May 9, 2016, Amendment No. 3 to the Agreement dated June 28, 2021, and Amendment No. 4 to the
Agreement dated April 27, 2022 ("Amendment") is entered into by and between Rimini Street, Inc. ("Rimini
Street") and City of Fresno, a California municipal corporation ("Client"). This Amendment is effective as
of the date of the last signature of the parties below ("Amendment Effective Date").
This Amendment shall become part of and subject to the terms and conditions of the 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
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 Agreement.
WHEREAS, Rimini Street and Client are parties to the Agreement and Rimini Street and Client now wish
to agree upon certain related terms and conditions;
NOW, THEREFORE, in consideration of the mutual promises herein, the Agreement is hereby amended
as follows:
1. Section 5 of Exhibit A is amended to reflect that Client exercised the Year 10 FSCM Support
Termination Right on December 8, 2022. Therefore, the Schedule A — Instance No. 2 FSCM shall
be deleted in its entirety effective as of the Year 10 FSCM Support Termination Date on May 31,
2023.
2. Section 4 (Termination by Client) is amended to reflect that Client may not terminate the
Agreement at any time during Year 11 of the Support Period for the Services performed for
Covered Products listed on Section 5 of Exhibit A (Schedule A — Instance No. 1 HCM) except for
cause pursuant to the Agreement.
3. Section 3.A of Exhibit A is amended to reflect that the Annual Support Fee for the period from
June 1, 2023 through May 31, 2024 (Year 11 of the Support Period) shall be $ 217,004.00 USD
and the Annual Support Fee for Years 12 through 15 of the Support Period shall increase each
Year by 5% over the fee for Services paid by Client for the immediately preceding contiguous
Year.
4. Section 3.13 of Exhibit A is amended to reflect the following -
Payment Schedule
Amount (USD)
Year 11 of the Support Period: Payment and PO (if required $ 217,004.00
by Client) shall be due and payable on or before Year 11 of
the Support Period
By signing below, the undersigned certify that they have read and understand, and agree to be legally
bound by, this Amendment.
[Signature page follows]
DocuSign Envelope ID: 9EB29977-EO90-453D-83OD-60BOD4065316
IN WITNESS WHEREOF, the parties have executed this Amendment on the day
and year written below each signature.
CITY OF FRESNO,
A California municipal corporation
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Name:r�--
Title: C(3
Date: 3
ATTEST:
TODD STERMER, CMC
City Clerk
/fie. G�d�Sv�.�7 �• S-�`
APPROVED AS TO FORM:
Andrew Janz
City fflxYbY:
By:
A�,, 3/13/2023
_
Brandon M. Collet Date
Deputy City Attorney
Addresses:
CITY:
City of Fresno
Attention:
Bryon Horn
CIO
2600 Fresno Street, Room 1059
Fresno, CA 93721
Phone: (559) 621-7119
FAX: (559) 457-1045
RIMINI STREET, INC.,
A Delaware corporation
By: ,/�
Name: Seth Ravin
Title: CEO
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
Date: March 6, 2023