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1st Amendment 08/15/2018 DATE: September 05, 2018 TO: Abra Campo County Attorney’s Office FROM: Sally M. Abrams, D.C. SUBJECT: August 15, 2018, BOCC Meeting - Approved Agenda Item ______________________________________________________________________________ Attached is an electronic copy of the executed agenda item listed below for your handling. [[394,1199,453,1258][12][B,I,][Calibri]]T2 [[453,1199,2004,1258][12][,I,][Calibri]]Board granted approval and authorized execution of an amendment to the origi [[2003,1199,2073,1258][12][,I,][Calibr i]]nal [[394,1257,1131,1316][12][,I,][Calibri]]Contract of March 1, 2010, between [[1131,1257,1804,1316][12][B,I,][Calibri]]Polaris Integrated Library System [[1804,1257,1818,1316][12][,I,][Calibri]] [[1818,1257,2073,1316][12][,I,][Calibri]](acquired by [[394,1316,1117,1375][12][B,I,][Calibri]]Innovative Interfaces Incorporation [[1117,1316,1138,1375][12][,I,][Calibri]] [[1138,1316,2074,1375][12][,I,][Calibri]]on March 31, 2014) and the Monroe County [[394,1374,2041,1433][12][,I,][Calibri]]Public Library, to license additional software, as outlined in the attached amendment [[2039,1376,2066,1432][11][,I,][Calibri]] Please contact me at extension 3550 with any questions. cc: Finance[[607,1861,636,1922][12][,I,][Calibri]] File AMENDMENT TO AGREEMENT This AMENDMENT is made and entered into as of the date of the last signature of the parties hereto (the "Effective Date "), by and between INNOVATIVE INTERFACES INCORPORATED, a California corporation having its principal place of business at 5850 Shellmound Way, Emeryville, CA 94608 (hereinafter referred to as "Innovative "), and MONROE COUNTY PUBLIC LIBRARY (hereinafter referred to as "Client" and collectively referred to as "the Parties "). WHEREAS, Client and GIS Information Systems., Inc. doing business as Polaris Library Systems (hereinafter referred to as "Polaris ") are parties to the Polaris Integrated Library System Contract for Hosted Services effective as of March 1, 2010 (the "Agreement "); and WHEREAS, on March 31, 2014 Innovative acquired Polaris and as a result of such acquisition all rights, duties and obligations under the Agreement were transferred from Polaris to Innovative; and WHEREAS, Client desires to license additional Software from Innovative and, in connection with such license, the parties desire to amend the Agreement as set forth in this Amendment; and NOW, THEREFORE, for good and valuable consideration and intending to be legally bound hereby, the parties hereby agree as follows. 1. Software License. Client agrees to license from Innovative the software described in Exhibit 1 for the price and per the terms specified in Exhibit 1 attached hereto. 2. Additional License. Subject to the terms of the Agreement, Innovative hereby grants to Client a limited non - exclusive, non - sub - licensable, non - transferable license (the "Additional Software License ") to use the software (the "Additional Software") described in Exhibit 1 of this Amendment. The term of the Additional Software License will be as respectively set forth in the corresponding quotes in Exhibit 1. 3. License Renewal. Subject to the early termination provisions as set forth in the Agreement, the Subscription of the software identified within Exhibit 1 will be effective for an initial term of three (3) years following this Addendum Effective Date (the "Initial Term ") and thereafter will be automatically renewed in accordance with the terms of the Agreement. Commencing upon year 2 and thereafter, Innovative will have the right to increase rates of the Additional Software subscription by a maximum percentage equivalent to the greater of 5% or the percentage increase in the Consumer Price Index (CPI -U) over the previous year. 4. Co- Terming. Subject to the terms of the Agreement, the Parties hereby agree that the Additional Software subscription term will be prorated and will run coterminous with the following annual term: October 1 through September 30. Except as otherwise amended hereby, the other provisions of the Agreement will remain in full force and effect as of the date hereof. In the event of a conflict between the provisions of this Amendment and the Agreement, the terms of this Amendment will control. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to enter into this Amendment as of the dates specified below. INNOVATIVE INTERFACES MONROE COUNTY PUBLIC LIBRARY INCORPORATED BOARD OF COUNTY COMMISSIONERS /' OF MONROE COUNTY Signature: �. AA Signature: Print Name: -ri peik 1•v Print Name: David Rice Title: Sal D' _-' (-- ()Les) 0007 Title: Mayor Date: 'j 27I ZUi Date: ( 6`1S' 16 ' •r to \ O , ATTEST: KEVIN MADOK, CLERK j \ i BY : ,I/. ' ! . . 414 /L. y . Deput i Clerk Date: CI -* i_ MONROE COUNTY ATTORNEY'S OFFICE O i-- 1 APP QVEDAS TO R L.) FOR CX '"" PATRICIA EABLES � ASSISTAN COUNTY A RNEY La_ I i,� DATE: �.� al !L CCp W .J CC err C) e EXHIBIT 1 Additional Software [APPROVED SUBSCRIPTION SOFTWARE PRICING EXHIBITS FOLLOWS THIS PAGE] 1 11 Innovative Pricing Exhibit Date 8/17/2018 Quote 9 EST INC6360 Innovative Interfaces Incorporated 1900 Powell St. Payment Terms Net 30 Suite 400 Overall Contract Term (Months) 36 Emeryville CA 94608 Contract Start Date United States Contract End Date Sales Rep Valerie A Kavanagh Site Code M0NR1643 Expires 9/30/2018 Bill To Ship To Monroe County Public Library Monroe County Public Library 700 Fleming Street 700 Fleming Street Key West FL 33040 Key West FL 33040 United States United States Currency US Dollar Content Carousel License - Term 1 Content Carousel Subscription 375.00 375.00 Total Fees US$375.00 Statement of Work This Statement of Work (the "SOW ") dated August 23, 2018 is entered into pursuant to the Master Professional Services Agreement between Monroe County Public Library ( "Client ") and Innovative Interfaces Incorporated effective as of March 13, 2017 (the "Agreement "). Company and Client may each be referred to as "Party" from time to time or collectively as "Parties ". Purpose of this Statement of Work (SOW) This SOW outlines the Professional Services that will be provided by Innovative in order to implement the Polaris Content Carousel Service purchased under the Master License Contract for Monroe County Public Library System. The SOW provides an overview of the scope of the project including the costs to complete the engagement based on Innovative's prior experience with similar projects and preliminary discussions with Client. The Client hereby acknowledges that the SOW is not meant to capture all detailed requirements but documents the high level requirements and implementation approach discussed and that additional detailed requirements discussions will be required to outline the full scope of work between the Parties. Project Scope of Services The Scope of the project includes the following set of professional services: • Content Carousel Implementation Innovative will install Content Carousel software. Fees and Payment Terms Fees for Services delivered under this SOW will be charged on a fixed price basis as set forth in the Innovative Pricing Exhibit(s) EST- INC6361 attached herewith. Payment terms for this SOW are as set forth in the Professional Services Agreement. Innovative Services Team The Services Team will have dedicated resources for this project. The resource will consist of the following: • System Engineer: System Engineers work with the Library on ILS setup and configuration as well as system backups, network connections, and infrastructure configuration. Client Implementation Team • Librarian Lead — Works closely with System Engineer to ensure requirements are clear and representative of the needs of the library. The Librarian Lead will coordinate with key members of the team as required. • Technical Lead - Will be responsible for assisting with Client responsibilities related to server access as well as any other system level duties required by Client. Implementation Assumptions • None IN WITNESS WHEREOF each party has caused this SOW to be executed by its duly authorized representatives. AGREED: Incorporated Monroe County Public Library Innovative Interfaces QlobaMmted Board of County Commissioners of Monroe ou t By: By: By: 4■detAle) (,, ,l Name: David Rice Name: L41l.sAit -y /\)e ) M / Title: Mayor Title: S , J0 & v kC t: QtL $ o ' t 3 ` • / •mi l: , te: • 1 Date: August 23, 2018 ATT .T: KEVIN MADOK, CLERK } I' MONROE COUNTY ATTORNEY'S OFFICE BY : 4 1 : 1 A M AI P A / . . I S v ` " PROSE S Od:mo . rt. . TATEMENT OF WORK - Innovative Interface Inc Deputy Clerk 4. PATRICIA EABLES ASSISTANT CO NTY TTORNEY DATE: i n n ova t ive Pricing Exhibit Date 8/17/2018 Quote # EST- INC6361 Innovative Interfaces Incorporated 1900 Powell St. Payment Terms Net 30 Suite 400 Sales Rep Valerie A Kavanagh Emeryville CA 94608 Technical Contact CU5019 Monroe County Public Libr... United States Site Code MONR1643 Expires 9/30/2018 Bill To Ship To Monroe County Public Library Monroe County Public Library 700 Fleming Street 700 Fleming Street Key West FL 33040 Key West FL 33040 United States United States Currency US Dollar Polaris Content Services 1 Polaris Content Carousels 200.00 200.00 Carousels Implementation Implementation Total Fees US$200.00