ELEVENTH AMENDMENT TO THE
MASTER SOFTWARE LICENSE AND SERVICES AGREEMENT
BETWEEN THE CITY OF REDONDO BEACH
AND SIRSI CORPORATION DBA SIRSIDYNIX
THIS ELEVENTH AMENDMENT TO THE MASTER SOFTWARE LICENSE AND SERVICES AGREEMENT, as amended ("Eleventh Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Sirsi Corporation, a Delaware corporation dba SirsiDynix ("Contractor").
WHEREAS, on December 2, 2008, the parties originally entered into the Master Software License and Services Agreement between the City and Contractor (the "Agreement"); and WHEREAS, on November 12, 2010, the parties entered into a First Amendment to the Agreement ("First Amendment") to modify certain terms; and WHEREAS, on August 5, 2014, the parties entered into a Second Amendment to the Agreement ("Second Amendment") to provide four Saas Subscriptions, installation and configuration of certain products, project management, and training; and WHEREAS, on February 17, 2015, the parties entered into a Third Amendment to the Agreement ("Third Amendment") to provide subscription, installation services, and project management; and
WHEREAS, on December 15, 2015, the parties entered into a Fourth Amendment to the Agreement ("Fourth Amendment") to add a Saas subscription, data services, installation services, project management and Zepheira services, provide an expiration date of December 14, 2018 for the services described under the Fourth Amendment, and increase Contractor's compensation by $24,030; and
WHEREAS, on September 20, 2016, the parties entered into a Fifth Amendment to the Agreement ("Fifth Amendment") to add one Hoopla digital main account, Services Subscription, installation services, and project management, provide an expiration date of August 31, 2019, and increase Contractor's compensation by $5,410; and WHEREAS, on December 6, 2016, the parties entered into a Sixth Amendment to the Agreement ("Sixth Amendment") to provide training for SYM408 Symphony Administration:
Cataloging Configuration, Group, SYM410 Symphony Administration: Circulation Configuration, Group, SYM400 Symphony Administration: Essentials, Group, SYM404 Symphony Administration: Reports, Group, and SYM406 Symphony Administration: Logins and Workflows Configuration, Group, and increase Contractor's compensation by $1,380; and
WHEREAS, on July 17, 2018, the parties entered into a Seventh Amendment to the Agreement ("Seventh Amendment") to add subscription, software, project management, and training, provide an expiration date of August 31, 2019 for the services described in Exhibit "A-7", and increase Contractor's compensation by $8,740; and WHEREAS, on June 18, 2019, the parties entered into an Eighth Amendment to the Agreement ("Eighth Amendment") to provide annual subscriptions, SirsiDynix Symphony Saas SIP2 Interface, SIP2 Additional Port Configuration, and project management, provide a term for these services, and increase Contractor's compensation by a not to exceed of $3,121;and
WHEREAS, on September 15, 2020, the parties entered into a Ninth Amendment to the Agreement ("Ninth Amendment") to provide annual subscriptions for SirsiDynix Web Services Connector for Capira Technologies CapiraMobile and SirsiDynix Web Services Gateway for 3rd Party Apps, and project management; provide a term for these services; and increase Contractor's compensation in the amount of $5, 150 for the first year and provide an annual increase not to exceed 3.9% commencing year two; and WHEREAS, on February 8, 2022, the parties entered into a Tenth Amendment to the Agreement ("Tenth Amendment") to provide that Contractor shall perform Symphony: New System Administrator Orientation PSC-8091 and project management for the service; provide a term for this service and increase Contractor's compensation by a not to exceed of $1,000; and
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services. The Agreement is hereby amended to add Exhibit "A-11", which provides that Contractor shall do the following: (a) perform Symphony: New System Administrator Orientation PSC-8091, (b) provide related services (c) provide SirsiDynix Symphony Saas SIP2 Interface, (d) configure the additional port for the SIP2, and (e) provide project management. Exhibit "A-11" is attached hereto and incorporated by reference.
2. Schedule for Completion. The Agreement is hereby amended to add Exhibit "B-11", which provides that the services described in Exhibit "A-11" shall commence on June 1, 2022 and expire May 31, 2023. Exhibit "B-11" is attached hereto and incorporated by reference. Contractor shall continue and complete all services described in Exhibit "A-11" of the Agreement in accordance with the schedule set forth in Exhibit "B-11 ".
3. Compensation. The compensation of the Agreement is hereby amended to add Exhibit C-11" to provide Contractor additional compensation in the amount of $1,560 for the services described herein. Exhibit "C-11" is attached hereto and incorporated by reference.
4. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, Eighth Amendment, Ninth Amendment, Tenth Amendment and this Eleventh Amendment constitute the entire agreement - 2-
between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, Eighth Amendment, Ninth Amendment, Tenth Amendment, and this Eleventh Amendment, the terms of this Eleventh Amendment shall control - 3 -
EXHIBIT "A-11"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
I. CONTRACTOR'S DUTIES
Contractor shall perform the following duties.
A. SirsiDynix BLUEcloud Analytics
1 . SirsiDynix Product
a. Provide the BLUEcloud Analytics Platform Essentials, Annual Subscription.
b. Ensure the BLUEcloud Analytics Platform provides a web-based, cloudhosted suite of data-mining and OLAP tools with the following functionality:
i. Unique view of data warehouse for analysis of your institution, collections, and users
ii. Supports advanced and predictive analysis to establish trends and patterns
iii. Presentations for effectively communicating to boards and administrators
iv. Drill anywhere capabilities, users can view summary-to-detail-level data
v. Robust security, flexible information distribution/collaboration, and easy self-service analysis
vi. Ability to print, download, and e-mail data and graphs in a variety of formats (Microsoft Excel® and PowerPoint®.
c. Provide an Essentials package, which shall provide two years of transaction data, two Reporter accounts, one Creator account and five Premium Feature Credits.
2. SirsiDynix Services
a. Provide the BLUEcloud Analytics Q and A, Distance, Annual Subscription.
i. Provide unlimited access to Consultant led Question and Answer sessions at least twice a month.
ii. Encourage attendees to bring their questions, projects and issues to each session.
iii. Address issues presented by customers.
b. Provide the BLUEcloud Analytics SureStart-2, Distance. i. SureStart shall be a layer of consulting support designed to smoothly transition sites into using BLUEcloud Analytics.
ii. Through two private and online sessions, ensure the Services team shall "jump start" the BLUEcloud Analytics by creating five report templates for the site, providing instruction and answering staff questions.
iii. SureStart shall address issues outside the scope of training by focusing on the site's individual needs.
c. Provide the BLUEcloud Analytics Package of courses, SELF-PACED B. SirsiDynix Symphony Saas SIP2 Interface
1. SirsiDynix Products
a. Provide SirsiDynix Symphony Saas SIP2 Interface via SirsiDynix Certified Solutions Providers.
b. Ensure that SirsiDynix Certified Solutions Providers' offer SIP2-certified products and the products are compliant.
2. SirsiDynix Service
Configure additional port for SIP2.
3. Project Management. Provide a Project Manager to perform the following services.
a. Act as the City's primary contact during implementation. b. Identify City's needs and key tasks to be accomplished to ensure a successful implementation.
c. Organize meetings with the City to appropriate Contractor's staff to kick off the implementation project.
d. Work with SirsiDynix global operations staff to develop, communicate, and manage the overall implementation schedule.
e. Ensure key staff are on this project.
f. Ensure proper resources are available to meet the critical milestones of City's schedule.
g. Report to City regularly via phone and provide email status reports to keep everyone apprised of project progress.
h. Monitor quality control checks at critical intervals in the project. i. Assist with the transition from Implementation phase to Customer Support - 6 -
to plan timeframes, schedule resources, and coordinate with Contractor's other departments to deliver products and services described herein.
II. CITY DUTIES
City must meet the following minimum requirements: Symphony 3.4.1 SP3 (MS SQL Server or Oracle databases only) or Horizon 7.5.2.
EXHIBIT "B-11"
SCHEDULE FOR COMPLETION
TERM. The term of these services shall commence on June 1, 2022 and expire May 31, 2023, unless otherwise terminated herein.
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EXHIBIT "C-11"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
A. AMOUNT. Contractor shall be paid in accordance with the following schedules.
1. SirsiDynix BLUEcloud Analytics
UEcloud na ytIcs a orm ssent1a si
Annual Subscri tion
BLUE<!fofld li.nalytics ~ :~Jtq A1 Distance,
Annual ~ub~i R:l\i,qn ·
,BLUEclcmtl: Atr,; fytfcs SureStart-2, Distance
BLUEcloud Analytics Package of tourses, SELF-PACED
Quote Total
2. Symphony Saas SIP2 Interface
rs nx r .. ~ ---,·=- -•-- SirsiDynix Symphon:y Saas SIP2 Interface Per~rtified Vendor
,.....---=---'7P§S\1W@JS\1W@JB'
SIP2 Additibllta1 Port Confif_1.uration
Project Management for all pr<YA\ttals 1n this Quote
Quote Total
- 9 -
l
1 1
~~ I~ 1,s~oj
600
1 230
1 300
B. METHOD OF PAYMENT. Contractor shall provide invoices indicating the products installed and delivered, services performed for approval and payment, and amount paid. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. City may reasonably request Contractor to provide back-up material.
C. SCHEDULE FOR PAYMENT. City agrees to pay 100% due within forty five days of City's receipt of Contractor's invoice; provided, however, that, products are delivered and services are completed to the City's full satisfaction.
D. NOTICE. Witten notices to City and Contractor shall be given by email, or registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: SirsiDynix
3300 N. Ashton Blvd., Suite 500
Lehi, UT 84043
Attention: Legal
Email: [email protected]
Redondo Beach Public Library
303 N Pacific Coast Hwy
Redondo Beach, CA 90277
Attention: Susan Anderson
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail or the next business day if sent by email. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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IN WITNESS WHEREOF, the parties have executed this Eleventh Amendment in Redondo Beach, California, as of this 5th day of April, 2022.
CITY OF REDONDO BEACH SIRSI CORPORATION
a chartered municipal corporation a Delaware corporation dba SirsiDynix William C. Brand, Mayor
By:
Name: ~~
Title:
ATTEST: APPROVED:
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Michael W. Webb, City Attorney
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