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CONTRACT 2235J Amendment CLOSED2235,.E TENTH AMENDMENT TO THE AGREEMENT NO. 2235 BETWEEN INNOVATIVE INTERFACES, INC., AND THE CITY OF EL SEGUNDO THIS TENTH AMENDMENT ( "Amendment ") to Agreement No. 2235 is made and entered into this 1st day of October 2007, 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, 2008. 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. , �j6( Attachment A is incorporated by reference. CITY OF EL V-GVNbO INNOVATIVE INTERFACES, Inc. By: ff Stewart City Manager ATTEST: Cindy Mo sen,, ity -dlerk APPROVE A F Mark D. nsl it torney l 1, rr By: X ` KaTl1H. Berger, Assistant City ttorney : B �t� Y 2235, 0 J ' N N 0 V A T' V E Attachment A 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, 2007 through September 30, 2008 at $25,350 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. f) 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 at least 90 days prior to the cancellation date. EL SEGUNDO PUBLIO LIBRARY By: Jeff Stewart Title: City Manager, City of E1 Segundo Date: /--k INNOVATIVE INTERFACES, INC. By: WOZV -91— CJ � Name: Sharon Lui Title: Customer Accounts Date: August 24, 2007 , ., INNOVATIVE 2235 i n t e r f a c e s EL SEGUNDO PUBLIC LIBRARY August 24, 2007 Maintenance/mo. 1 $240 Millennium Cataloging $77 Network OCLC 1 1 $160 Public Catalog (OPAC) $120 Authority Control 1 1 $227 Millennium Circulation Powerwatch Software 1 48 $564 Users DS 10 server with 512MB memory, 2 18GB disks 1 $264 $49 Patron API OPAC Web Server (includes Gateway software) 1 1 $95 1 $38 File Transfer Software $32 1.8% CPI increase [2004 -2005] 1 $37 2% CPI increase [2005 -2006] 1 $48 2.5% Increase [2006 -2007] 1 1 $49 2.5% Increase [2007 -2008] <$6> PC Circ Software Monthly Maintenance (10/1/2007 - 12/31/2007) 1 1 $2,000 1 $150 Media Management Monthly Maintenance (1/l/2008 - 9/30/2008) 1 $2,150