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HomeMy WebLinkAboutAddendum - 1DocuSign Envelope ID: EA1B3817-5D21-4DA6-96F1-653DEA04B4A6 CAG-22-295, Adden #1-22 Executive Services Department Memorandum DATE: August 19, 2022 TO: Kristi Rowland, Deputy Chief Administrative Officer (DCAO) CC: Young Yoon, Information Technology Director FROM: David Lemenager, Application Support Manager SUBJECT: Software Maintenance Renewal for Innovyze This memo is in lieu of our standard contract template which allows for signature by both parties. Please approve the annual maintenance renewal for Innovyze's InfoWater and XPSWMM quote Q-126946 in the amount of $14,235.94 for annual maintenance between October 17, 2022 and October 16, 2023. The Public Works water utility uses InfoWater to model and manage water distribution networks within ArcGIS Pro. The Public Works surface water utility uses XPSWMM software as a hydraulic modeling system within ArcGIS Pro. No original contract is found on file. These systems are considered as "off the shelf", however, the quote has terms and conditions that need review and approval. As such, the annual maintenance renewal should be entered as a contract into the City's contract management system. Attached are the following documents: 1. Maintenance Renewal Quote Q-126946: $14,235.94 DocuSigned by: Kristi Rowland Approved by: Kristi Rowland Deputy Chief Administrative Officer 8/31/2022 1 3:56 PM PDT Date: DocuSign Envelope ID: EA1B3817-5D21-4DA6-96F1-653DEA04B4A6 Innovr0 An 01 AUTODESK company Invoice Date: 20 July-2022 Account: City of Renton Innovyze LLC Main: + 1 (888) 554 5022 221 SE Ankeny Street Federal Tax ID: Portland, Oregon 97214 94-2819853 United States Terms and Conditions *Payments NOT Accepted Here* Innovyze is retiring older license technologyfor many existing products. We recommend that you swap the licensing technology, if applicable, by visiting the Support Portal and placing a request to exchange licenses. To find out more about this new license technology, please visit https://help.innoWze.com/ display/ILA/FAO+Innovyze+Licensing+Changes for additional information. InfoWater Exec Suite Floating (Unlimited Links) - 100.00 USD 0.00 1 0.00 InfoCare Renewal 20-October-2022 to 19-October-2023 Serial No: IWR01EUNL01-F000297 InfoWater UDF Suite (Unlimited Links) - InfoCare 100.00 USD 0.00 1 0.00 Renewal 20-October-2022 to 19-October-2023 Serial No: UIW90SUNL0l-0000110 InfoWater Pro Suite Floating (Unlimited Links) - InfoCare USD 9,355.00 1 9,355.00 Renewal 17-October-2022 to 16-October-2023 Serial No: WPR10SUNL01-F000414 XPSWMM Sewer Essentials Bundle Floating InfoCare - USD 3,575.00 1 3,575.00 Renewal 17-October-2022 to 16-October-2023 Serial No: 004ad19a-c42f-40ed-9967-be415b9fffdd SUBTOTAL 12,930.00 TAX 1,305.94 TOTAL 14,235.94 All values displayed are in USD Page 1 of 3 DocuSign Envelope ID: EA1B3817-5D21-4DA6-96F1-653DEA04B4A6 Payment Methods *payments accepted only if sent via methodsbelow* Remit Check Via US Post Innovyze LLC DEPT CH 17953 Palatine, IL 60055-7953 Remit Check Via Courier Innovyze LLC Attn: 17953 5505 N Cumberland Ave., Suite 307 Chicago, IL 60656-1471 City of Renton 1055 South Grady Way Renton, WA 98055 US itservicedesk@rentonwa.gov Main Contact: IT Service Desk Reference invoice number Q-126946 Direct Electronic Bank Transfer Account Name Innovyze LLC Bank Name HSBC Bank USA NA Account Type Checking Account No. 447004131 ACH Routing No. 022000020 Wire Routing No. 021001088 SWIFT ID MRMDUS33 Remit to: uscustomerbilling@innovyze.com City of Renton 1055 South Grady Way Renton, WA 98055 US itservicedesk@rentonwa.gov The estimated tax due, is as identified, an estimate. Actual taxable amount may vary. Customer is responsible for all tax liabilities and/or obligations that result from any purchase identified on, or result from, this quotation. If customer is tax exempt, a copy of a valid exemption certificate must be provided to Innovyze. Technical support and/or maintenance services ("Support Services") are offered pursuant to this quotation and the Innovyze Software Maintenance & Support Agreement. To receive Support Services, customer acknowledges and agrees that it must at all times continue to be parry to the Innovyze Software Maintenance & Support Agreement without interruption. Customer acknowledges and agrees that in the event the Innovyze Software Maintenance & Support Agreement is not renewed or is allowed to lapse (whether as a result of non -renewal, lack of payment, or otherwise): (i) Innovyze will have no obligation to provide customer with the Support Services or any other technical support and/or maintenance of any kind; and (ii) in order to again be eligible to receive Support Services, customer will be required to pay all delinquent payment/outstanding balances due, regardless of duration, plus a twenty-five percent (25%) reinstatement fee. Any software delivered in connection with this quotation is governed by the Innovyze Software License Agreement. For InfoCare to be maintained, all orders need to be issued to, and paid to, Innovyze, even if there currently exists a contract with Autodesk. Any software delivered in connection with the quotation that is labeled above as "Single User" means, with respect to each license for that product, that only one individual within Customer's organization may use the license. Customer is not permitted to install the license in a location that would allow any other individual to access or use the license. If Customer needs to change the assigned Customer individual user for the license, it may only do so by contacting Innovyze Customer Support. Page 2 of 3 DocuSign Envelope ID: EA1B3817-5D21-4DA6-96F1-653DEA04B4A6 Innovyze policy states that if any provision contained in this Agreement is in conflict with, or inconsistent with any clause in the Innovyze Licensing Agreement (www.innovyze.com/en-us/agreements), the clause contained in the applicable Innovyze standard agreement shall govern and control. Trial Versions If the Software products delivered under this quotation are trial versions (collectively, "Trial Versions"), customer may download, install, access or use Trial Versions only during the period and for the purpose of the trial, as expressly permitted by Innovyze. With respect to such Trial Versions, (i) the license term or subscription period for the Trial Version will be limited to the period set forth in this quotation, (ii) Customer's use will be limited to non-commercial evaluation purposes with no rights to make available or distribute the Trial Version to any third party, and (iii) unless otherwise set forth in this quotation, the use will be only by Customer as an individual or, if Customer is a company or other legal entity, by one named employee. Notwithstanding anything contained in this Agreement or otherwise, (a) Innovyze makes no commitments with respect to Trial Versions regarding any features, functions, service levels or data and provides no warranties of any kind with respect to Trial Versions, (b) Innovyze may choose not to generally release any Trial Versions or convert any Trial Version into a product offering, and (c) Trial Versions may contain code that is not fully tested, including errors and faults that may cause total data loss or system failure. Innovyze reserves the right, without any further notice, to end any Trial Versions at any time. In the event of any conflict between these Trial Version terms and Innovyze's standard software terms and conditions, these Trial Version terms will control. In addition to the Company's standard terms and conditions: • The associated terms for the above products and/or services (the "Solution Set") are, as issued herein, non -cancellable and non-refundable ("NCNR"); • Any prepayment made by customer to Company, as associated with the above Solution Set(s) is also considered non -cancellable and non-refundable ("NCNR"). Modification and/or change to a Solution Set does not alter the NCNR status. • Customer acknowledges that the NCNR clause shall supersede any and all other applicable language, in any agreement, by and between the parties; where there is a conflict, NCNR terms shall rule. Page 3 of 3