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CONTRACT 2235D Amendment CLOSEDDUPLICATE ORIGINAI , �`� 3'- „ AMENDMENT "E" (FIFTH AMENDMENT) TO THE AGREEMENT NO. 2235 BETWEEN INNOVATIVE INTERFACES, INC., AND THE CITY OF EL SEGUNDO THIS AMENDMENT "E" ( "Amendment ") to Agreement No. 2235 is made and entered into this 2nd day of September 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and INNOVATIVE INTERFACES, a company incorporated under the laws of the State of California ( "CONTRACTOR "). 1. Pursuant to Agreement No. 2235 ( "Agreement "), executed by the parties on or about April 6, 1993 and subsequently amended, the term of the agreement is extended until September 30, 2004. 2. Consultant agrees to perform the additional services in attached Exhibit "A," which is incorporated by reference. 3. Compensation for these services are listed in attached Exhibit "A," which is incorporated by reference. 4. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitute one instrument executed on the same date. 5. Except as modified by this Amendment, all other terms and conditions of Agreement No. 2235 remain the same. CITY OF EL SEGUNDO INNOVATIVE INTERFACES, Inc. By: Ma trenn, A City Manager ATTEST: Cindy ortesen, City Clerk Ewn"r" mss: • By Karl H. 139,Wr, AssistarA Cily Attorney aim 88/86/2803 17:17 15184506351 INNOVATIVE INTERFACE I1,NNOVATIVE 1 0 1 e r 1 a C 0 s EL SF. UM0 PUBLIC LIBRARY August 6, 2003 DUPLICATE W'1161NAL PAGE e2 22 3 5 -F-,..� EXHIBIT A tenaincc - /mo. Cataloging 1 $240 OCLC Interfaces 1 $77 Public Catalog (OPAC) 1. $160 Authority. Control i $120 Circulation 1 $227 Powerwateh Software i Users :.6 $420 DEC. Alpha CPU 1 $225 Additional Users 10 $124 1.2GB disk drive 1 $39 PC Circ Software 1 $6 Patron API 1 $49 Z39.50 Client, Server,. Broadcast 1 $195 Web. OPAC/ Gateway 1 $95 File Transfer Software 1 $38 10/l/2003-6/30/2004 $2;1015 Additional users $20 7/112004-9/30/2004 $,7,1035 ADDENDUM "D" TO CONTRACT 2235 Innovative Interfaces, Inc. This Addendum D to Contract Number 2235 between the City of El Segundo and Innovative Interfaces, Inc. dated October 3, 2000 and extended by Addendums B and C through September 30, 2002, shall extend the term of the Contract until September 30, 2003. All terms and provisions of the Contract, which are not inconsistent, or in conflict with this Addendum No. D shall remain in full force and effect and neither party waives any rights it may have. IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. D the �ri day of September , 2002. CITY OF EL SEGUNDO ATTEST: Cindy Moi sen, City Clerk APPRO FORM Mark Hensley,-,Cit Attorney Innovative Interfaces, Inc. l Name, Title Cus r I N N�0 V Ar T I V E S HARDWARE AND SOFTWARE MAINTENANCE AGREEMENT a) This Maintenance Agreement will cover all licensed Software and central site hardware ( "Hardware), and the B321 barcode reader if applicable. b) Maintenance of peripheral hardware purchased from Innovative Interfaces is the responsibility of the Library. c) The term of this Agreement is for the period October 1, 2002 through September 30, 2003, at >$24,180 per annuml, Thereafter, such maintenance may be continued, by mutual consent, at a cost to be negotiated. d) The Library must provide physical and internet access to the System for Innovative to correct Software bugs and carry out modifications to the System for the purpose of maintaining the System, this would also apply to firewalls etc. Innovative Interfaces will be responsible for all corrections at Innovative Interfaces' expense. e) Innovative Interfaces will provide the Library with new releases of the licensed Software modules so long as the Hardware and operating system used for the System is sufficient and /or compatible for the load and operation of such new release. If the Hardware or operating system is deemed not to be sufficient for installation of the new release, then the Library shall be responsible for the cost of new Hardware or operating system as may be required. If the Library declines to upgrade its Hardware or operating system to accommodate the upgrade to the licensed software, then the Library shall remain at its then current software release. For the purpose of this document, the term "new release" shall mean improvements in already licensed Software modules. If the Library adds any additional Innovative Interfaces Software modules to the System after the initial installation, the maintenance services shall be extended to cover the additional Software. The maintenance charges for such Software shall be based upon Innovative Interfaces' then- current maintenance rates. The additional cost of coverage for the additional Software shall be added to the annual maintenance amount. g) Innovative Interfaces will provide services 24 hours a day. Innovative Interfaces will make its best efforts to return calls within 2 hours of receipt and repair Software within 48 hours of notice, excluding weekends and holidays. h) The Library agrees, to take reasonable care of the Hardware and not permit persons other than authorized representatives of Innovative Interfaces, Inc. to effect adjustments or repairs to the Hardware. The Library agrees that for Hardware supplied by Innovative Interfaces, the Library shall accept parts shipments for all plug -in or screw -in components. The shipping costs on returned RMA (returned merchandise authorization) Hardware will be the responsibility of the Library, except for the CPU and RAID, which will be the responsibility of Innovative Interfaces. I This amount is excluded of taxes. The Library will be responsible for all applicable taxes. i) Any services delay due to Library supplied equipment failure, where such equipment was not purchased from Innovative Interfaces, and over which Innovative Interfaces has no direct control, shall be billable at Innovative Interfaces' then current maintenance rates. j) 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 Hardware, or Library's negligence or misuse of the Hardware. k) The Software shall be operated as the exclusive application on the purchased Hardware 1) If the Library decides to cancel the Agreement, Innovative Interfaces must be notified 90 days prior to the annual maintenance renewal date. EL SEGUNDO PUBLIC LIBRARY INNOVATIVE INTERFACES, INC. By: Name: Zlene Debergue Title: Customer Accounts Date: August 14, 2002 5850 Shellmound Way, Emeryville, CA 94608 • 510.655.6200/FAX 510.450.6350 • www.iii.com