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CONTRACT 2235A Amendment CLOSED2235A HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT SERVICES INNOVATIVE INTERFACES, INC., an Equal Opportunity Employer, M /F, H/V company, incorporated under the laws of the State of California, hereinafter referred to as "Innovative Interfaces ") -and- CITY OF EL SEGUNDO, (hereinafter referred to as the "Library") Innovative Interfaces shall provide the Hardware and Software Maintenance and Support Services (the "Maintenance Services ") as specified and agreed to in the Agreement entered into April 6, 1993. Such Maintenance Services shall be provided to the Library by Innovative Interfaces' and at the support charge of $1881 per month. (1) Innovative Interfaces will make available full Maintenance Services 24 hours a day, seven days a week, except for the following holidays: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Eve (beginning at 5 p.m. PT) Christmas Day The Library agrees, as part of such Maintenance Services, to take reasonable care of the equipment and not permit persons other than authorized representatives of Innovative Interfaces, Inc. to effect adjustments or repairs to the equipment. Once notified by the Library of a problem, Innovative Interfaces will make its best efforts to complete repairs to the central site hardware and Software within 48 hours of notice excluding weekends and holidays. The Library agrees that for hardware supplied by Innovative Interfaces, the Library shall accept parts shipments for all plug -in or screw -in components. This Maintenance Services agreement does not include repair services or replacement parts due to damage caused by rain, fire, flood, lightning, tornado, windstorm, hail, earthquake, explosion, smoke, aircraft, motor vehicle, collapse of building, strike, riot, power failure or fluctuation, or other cause originating by reason of other than normal operation of the equipment, or Library's negligence or misuse of the equipment. (2) On reasonable notice and at Innovative Interfaces' expense, Innovative Interfaces may require the Library to permit Innovative Interfaces physical, telephone dial -in, or Internet access to the System to correct Software bugs and carry out modifications to the System for the purpose of maintaining the System. Innovative Interfaces will be responsible for all corrections at Innovative Interfaces' expense. (3) Upgrades to the Software modules licensed to the Library shall be installed at no cost to the Library so long as the equipment currently being used as the INNOPAC computer system has been determined by Innovative Interfaces to be sufficient and /or compatible for the load and operation of 2235A Innovative Interfaces, Inc. and INNOPAC Schedules City of El Segundo February 25, 1999 Page 2 such new release or upgrade. If the equipment is deemed not to be sufficient for installation of the new release or upgrade to the software, then the Library shall be responsible for the cost of such new equipment as may be required for such software upgrade. If the Library declines to upgrade its hardware to accommodate the upgrade and/or enhancement to the software, then the Library shall remain at its then current software release. The Library will be informed of the release of new products or features for the System which may be acquired by the Library from Innovative Interfaces at the then prevailing market price. For the purpose of this document, the term "upgrades" shall mean improvements in the Software which relate to operating performance but do not change the basic function of the Software or the file size. (4) If the Library adds any additional Innovative Interfaces equipment or Software to the System after the initial installation, the Maintenance Services shall be extended to cover the additional equipment or Software. The maintenance charges for such equipment or Software shall be based upon Innovative Interfaces' then - current maintenance price list. A 30 -day warranty shall commence starting with the date of installation of such additional equipment or Software item. The additional cost of coverage for the additional equipment or Software shall be added to the Maintenance Agreement after such warranty shall expire. (5) Any delay during a software upgrade process which is due to equipment failure where such equipment was not purchased from Innovative Interfaces, and for which Innovative Interfaces has no direct control, shall be billable at Innovative Interfaces' then current maintenance rates. If the aforementioned upgraded system fails due to a hardware failure during a thirty (30) day period after such installation and a restoration of the software is required, then that time shall also be billable at Innovative Interfaces' then current maintenance rates. THE LIBRARY INNOVATIVE INTERFACES, INC. Name: Debra F. Brighton Name: Arlene Debergue Title: Interim Library Director Title: Customer Accounts Date: o��aS�1q� Date: a� ATTES CITY OF EL SEGUNDO C ndy M t sen, City Clerk Mike Gordon, Mayor APPROVED AS TO FORM: Mark He I sley, City Attorne