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Home My WebLink AboutA6389 - INNOVATA LLC DATA AND SERVICES LICENSE AGR �b38q Infl Vato Innovate 4908 Golden Parkway Buford GAA 30 30518 Telephone: + 770 614 4900 Facsimile: + 678 714 4132 DATA RENEWAL AGREEMENT FROM DATA LICENCE AGREEMENT DATED June 1 , 2009 ("Agreement") Company Name ("Company") Effective Date Acct Mgr(initial) Palm Springs International Airport July 1, 2013-June 30, 2014 TE Company Address Company Authorized Representative 3400 East Tahquitz Canyon Way Name: Mark E. Kiehl Palm Springs, California 92262 Deputy Director of Aviation-Marketing& Development Tel: (760)318-3807 Email: Mark.Kiehl@ paImsprings-ca.gov Innovata, LLC Authori gnature Authorized Signature Name —� Name jPlease Print or Type) Title Title 6� Customer Authorized Representative Initials: Innovate Authorized Representative Initials: EXHIBIT B 1. Licensed Data/Services: Interactive Route Map, Quicktrip (Product Code) MAPNAM 2. Permitted Uses: For access on the Palm Springs International Airport site and on any Palm Springs travel sites that would be beneficial to the Palm Springs, CA public. 3. Initiation Fee: -0- 4. License Fee: Total - $5,400.00 for one year subscription 5. Date of initial delivery: Weekly Updates Delivery Frequency: HTTP Delivery Method: 7. Invoicing Information Contact Name: Mark E. Kiehl Invoice Address: 3400 East Tahquitz Canyon Way Palm Springs, California 92262 Email Address: Mark.Kiehl@oaImsorings-ca.gov Customer Authorized Representative Initials: Innovate Authorized Representative Initials: Exhibit B-Service Level Aereement Licensed Data riles and Hosted Online Services 1. Service Exhibit to Data License Aereement. This Service Level Agreement is an Exhibit to the Data and Services License Agreement between Innovata and the Company dated concurrently herewith(the"Agreement"). It is attached to and specifically made a part of the Agreement. 2. The Services. . Innovata will make its Downloadable Services and any mobile wireless versions available for downloading or access by individual users from Innovata's servers to users' devices. Innovata will also make available for downloading its proprietary software(the `Software')to process the Services in conjunction with a Device. The content of the Services available to users through the Company shall be as set forth in an Exhibit A. Innovate will develop,host and maintain Internet Timetable Displays at its data center.The data will be presented and displayed based on a mutually agreed template and design approved by the Company. The content of the Internet Timetable Display shall be as set forth in an Exhibit A. Innovata will host and maintain a Mapping Service displaying selected routes as specified by the Company utlilising the Licensed Data. The data displayed on the route network map shall be as set forth in an Exhibit A. Innovate will make its Licensed Data available for downloading by individual users from Innovata's servers in Adobe('�.ndfformat.The content of the Adobe®.pdf format shall be asset forth in an Exhibit A. Innovata will make available anv licensed data files on its FTP site or deliver to a designated e-mail or postal address or FTP site on the agreed scheduled delivery dates.Access to Innovata's FTP site will be by a supplied user name and password, 3. Service Levels. Availability. The servers offering all web based and online services shall be available a minimum of 99.5%, excluding scheduled maintenance periods,non-reproducible outages and outages caused by the Company or otherwise through no fault of Innovata. Scheduled Maintenance Time. Innovata performs routine maintenance every second Saturday between 0700hrs and 1000hrs Eastern Standard Time.Routine maintenance activity does not affect the continuity of the services provided under this Agreement.However,should portions of the Innovata site be rendered unavailable during these regular scheduled maintenance periods then Innovata shall give not less than 72 hours advance notice of scheduled maintenance. Capacity. Innovata will maintain sufficient Internet access, network and server capacity such that during the weekly prime usage period, utilization of each type of capacity is below 95%of maximum rated or observed capacity. The prime usage period is defined as a three-hour contiguous block of time that occurs one day per week when traffic is at its peak Error Correction. Innovata shall use commercially reasonable efforts to resolve promptly any errors with the above Services. Customer Authorized Representative Initials: Innovate Authorized Representative Initials: 4. Customer Support and Problem Trackine. Emergency Support Innovata will provide the Company with emergency phone and email support 24 hours per day,7 days per week. Innovata will provide the Company with updated contact information from time to time. An"Emergency"problem is defined as a problem that interrupts or significantly impairs the operation of the Services,including site downtime other than scheduled maintenance time or renders the service unacceptable in terms of service and content integrity. Non-emergency support. Non-emergency support issues will be handled by a designated Innovata customer service manager and will be responded to within a period of one business day from time of initial call. Problem Tracking. Innovata will track all problems through resolution and will provide appropriate notification upon completion of corrective action by email or phone. Problem Identification. Escalation Policy and Targeted Resolution Time Problem Category Contact Details Target Time for Target Escalation initial response time for levels resolution Data Related Corrupt file Emergency + 1888 639 8011 2 hours 12 hours 1/Data Services Or Manager + 1 727 462 0669 2/Operations Director FTP server not Emergency + 1888 639 8011 2 hours 4 hours l/Network accessible Or Services + 1 727 462 0669 Manager 2/Network Services Director All other Non supportcenter@ Within one business Within 1/Customer problems emergency innovata-llc.com day three services manager business 2/Operations days Director Technical Related Service not Emergency + 1888 639 8011 2 hours 4 hours l/Network available Or Services + 1 727 462 0669 Manager 2/Network Services Director Critical bug fix Emergency supportcenter@ Within one business Within two 1/Customer requirements innovata-llc.com day business Services days Manager 2/I.T. Director All other Non supportcenter@ Within one business Within l/Customer problems Emergency innovata-llc.com day five Services business Manager days 2/IT Director 5. Disclaimer. Other than expressly provided herein,Innovata makes no representations or warranties with respect to the services provided for under this Exhibit and expressly disclaims,to the maximum extent allowed by applicable law, all other warranties,express or implied,written or oral, including without limitation the warranties of merchantability and fitness for a particular purpose. Customer Authorized Representative Initials: Innovata Authorized Representative Initials: