CONTRACT 2235G Amendment CLOSED2235 Cs -.
SEVENTH AMENDMENT
TO THE AGREEMENT NO. 2235 BETWEEN INNOVATIVE INTERFACES, INC.,
AND THE CITY OF EL SEGUNDO
THIS SEVENTH AMENDMENT ("Amendment") to Agreement No. 2235 is made and
entered into this 1 st day of October 2005, 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, 2006.
2. 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 ,%E9UNDO INNOVATIVE INTERFACES, Inc.
c
Stewart
Manager
ATTEST:
04,*S,� atw ' �-&,
Cindy Mort enyCity Clerk
APPROVE AS/ /RM:
Mark D. H sl it Att9 r
By:
rl H. Ber r,
Assistant i Attorney
By:
I N N 0 V A T I V E
I n t e r f a c 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,
2005 through September 30, 2006 at $22,908 per
annum', in advance. If the Library chooses to pay semi-
annually, quarterly or monthly, a percentage of the total
annual maintenance amount will be added as an
administrative fee as follows:
Payment Semi - annually 3%
Payment Quarterly 5%
Payment Monthly 10%
d) Future maintenance charges shall be subject to a price
increase, which amount is not to exceed five percent (5 %)
per year of the yearly maintenance amount.
e) The Library must provide direct network internet access
to the System; this would also apply to firewalls, etc.
Innovative requires such access 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.
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.
g) 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.
h) Innovative Interfaces will provide services 24 hours a day,
7 days a week. 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.
This amount is excluded of taxes. The Library will be responsible for
all applicable taxes.
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.
j) Any services provided 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.
k) 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.
1) The Software shall be operated as the exclusive application on
the purchased Hardware
m) 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 [ELSEGI
By: "(A l��
Name: D&Na l�LIC
Title: D rQ ( _�Ck &b 1 alryvU.,vl `i3 tv
Date: lJ
INNOVATIVE INTERFACES, INC.
By:
Name: Arlene Debergue
Title: Customer Accounts
Date: August 23, 2005
CITY OF 4NDID
BY :
J
y Manager