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CONTRACT 4729A AmendmentAgreement No. 4729A Agreement No. FIRST AMEN . M T TO THE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND INNOVATIVE INTERFACES, INC. THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 18th day of February 2015, 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 INC., a California corporation ( "Consultant "). The City and Consultant entered into Agreement No. � %� ( "Agreement "), dated February 2, 2015, for migration to Contractor's Sierra software and to retain Consultant to provide maintenance and subscription services to City for the Sierra software. 2m Pursuant to Section 35 of the Agreement, the City desires to amend Section 2 of the Agreement ( "Scope of Services ") to purchase a subscription to Consultant's Encore software for five years. In exchange for the subscription to the Encore software and Consultant's services related thereto, the City agrees to pay the sums specified in Exhibit A, which is incorporated by reference. The City's purchase of the Encore software subscription shall be subject to the terms and conditions in the Agreement and Exhibit A. 3, This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: Davld King, Assista ttorney Agreement No. 4729A APPROAiO AS TWEC44NICAL SPECIFICATIONS: Carry Klingaran Information Systems Manager EL SEGUNDO PUBLIC 1 s 4 r February 1, 2015 a. rr........�,...... .. Product Product Name Type Quantity Amount Number i 201 -EN - E..._.��_ Encore Due....�..._ ._._..._.._;.__.._...... W _�_�.._�.- �.��,,.�,.�.w...�... ,523 DS t Subscription Year 1 1 $13 201 -EN - SVCS Encore Installation Services - one Time 1 $ 3,000 Fee TOTAL: $16,523 Subscriptions: Subscription price above based on 5 year commitment (Start date: TBD 2015/ End date: TBD 2020). Subscription fees to be invoiced annually. Year 2: $14,086 Year 3: $14,674 Year 4: $15,287 Year 5: $15,926 License /Maintenance: Increment to annual maintenance upon next annual Millennium /Sierra maintenance renewal following installation: No increase to annual maintenance. Product Description (201 EN -EDS) Encore Duet The Encore Discovery Solution brings the complete library experience into the light. With Encore, you'll deliver fantastic search that brings anything you want to light - scholarly articles, books, local digital collections, and more. It's simple enough for new library users, and deep enough to satisfy exacting researchers. Encore libraries also bring the living, breathing experience of the library to user, by offering fast and easy social networking, peer recommendations, and even a chat window for instant access to the library staff that make the library tick. Innovative has forged partnerships with content providers so Encore libraries can integrate a full range of resources. For example Library users can initiate eBook checkouts and place holds for eBooks directly in the Encore environment with 3MT1" Cloud Library or OverDrive®. ChiliFreshTM integration with Encore empowers social interaction with the library with a rich database of trusted ratings and reviews written by library users. www.iii.com WMEMEMMM Agreement No. 4729A Confidential Quote February 23, 2015 Key Features Fantastic, single search results • Integration of articles, books, eBooks, digital collections • Real time ILS /LSP integration 3M Cloud Library, ChiliFresh, OverDrive integration • Encore Duet option With Encore Duet, libraries can bring users an integrated results set that includes local content plus full -text articles from EBSCO Discovery Service TM (EDS) —the largest, most encompassing single index of the world's literature with tens of thousands of participating publishers. Encore delivers the full the experience of the library— helpful, interactive, browsable, social, and rich with resources —that no other discovery alternative can touch. Full integration with the Sierra Library Services Platform or Millennium ILS provides deep indexing and real -time data that provides a truly comprehensive discovery experience for any library user. Terms & Conditions 1. This quotation is valid for 45 days. 2. Taxes are not included in the quoted prices but, if applicable, may be charged by Innovative at point of invoicing. 3. $16,523 due at installation. Subscriptions: Subscription price based on 5 -year Contract commitment approved by El Segundo City Council. (Start date: April 1, 2015 /End date: March 31, 2020). Subscription fees for Years 2 through 5 are below. The fees for Years 2 through 5 will be invoiced annually, and are due prior to the anniversary of the Start date, which is April 1. Year 2: $14,086 Year 3: $14,674 Year 4: $15,287 Year 5: $15,926 License /Maintenance: Increment to annual maintenance upon next annual Millennium /Sierra maintenance renewal following installation: No increase to annual maintenance. 4. All prices are in US Dollars. 5. Payment terms are net thirty (30) days from the invoice date. 6. This quotation is confidential between Customer and Innovative. Notwithstanding the foregoing, the Parties acknowledge that the Customer is a general law city that is subject to the California Public Records Act (Cal. Gov't Code § 6250 et seq.), which imposes certain duties on the Customer to disclose 'public records" (as defined) that are prepared, owned, used or retained by the Customer, and that this Agreement and Exhibits may constitute "public records" subject to disclosure pursuant to a request by a member of the public. WWWALCOM Page 2 of 3 Doc ID: 060514 Agreement No. 4729A Confidential Quote February 23, 2015 7. All products and services to be provided are subject to the terms and conditions of this quotation and the software license agreement, software maintenance or support agreement or other applicable agreement between the Customer and Innovative. 8. A charge of 3.5% of the total order will be added for all credit card orders /payments over $2, 000. 9. Subscription fees, software maintenance, or support fees will remain at the rates quoted above during the committed term. All subsequent renewals will be subject to change. The Customer may cancel or change its right or license to use any products, software or services to be provided by Innovative pursuant to this quotation only upon the end of committed term set forth above or end of any renewal term and only if the Customer provides written notice to Innovative at least 90 days prior to such date. 10. Innovative's Professional Services department will contact the customer's library coordinator within two (2) weeks after receipt of the customer's purchase order to schedule delivery or to arrange a meeting to discuss the delivery/installation process and schedule. Service delivery or product installation will usually be scheduled to commence within forty -five (45) days after receipt of the customer's purchase order. The customer should expect that completion of service delivery or product installation may take two (2) to three (3) months after commencement. 11. If commencement of service delivery or product installation is postponed at the customer's request until a date more than six (6) months after receipt of the customer's purchase order, the customer will be invoiced the full amount of the purchase order on the date six (6) months after the purchase order date, in advance of service delivery or product installation. In addition, if a project completion /go -live date originally agreed with a customer is postponed by more than six (6) months at the customer's request, the pricing for the applicable products or services may be adjusted at Innovative's discretion to match pricing in effect at that time. The customer will be notified in advance of a pricing. 12. If City fails to pay Innovative any sums due under this Agreement on a timely basis, Innovative reserves the right to discontinue maintenance, subscription and /orhosting services, as applicable, until City fully pays to innovative all sums (and related penalties) (together, the "Overdue Amount) due to Innovative. If Innovative discontinues maintenance, subscription and /or hosting services provided to City, Innovative also reserves the right to receive from City a re -start penalty fee equal to 30% of the Overdue Amount, in addition to the Overdue Amount. 13. Future maintenance, subscription and hosting service charges, as applicable, may be subject to price increases by Innovative. With regard to such price increases, innovative will advise the City no later than 30 days prior to the increase going into effect. 14. The terms of this Payment Schedule are conditional upon the City's credit worthiness, and Innovative reserves the right to require, before any contractual performance by Innovative, to require City to put in place a letter of credit or other form of payment security, in order to secure payments due from City. www.W.com Page 3 of 3 Doc, ID; 060514