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HomeMy WebLinkAbout23S181 - VOTELYNXCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) VoteLynx Software Support Agreement - Amendment 1 Intent Digital, LLC Todd Sharp tsharp@intentdigital.com Software and remote support for the equipment used to run Council meetings (Amendment adding 1-year and compensation) $4,300 + $4,300 = $8,600 9/1/23 - 8/31/2025 n/a Todd Sharp: tsharp@intentdigital.com Information Technology Larry Klingaman N/A 23S181 Amendment #1 Yes N/A N/A Department N/A Yes Cumulative total: $30,889.32 N/A N/A N/A 9/11/2024 Rene Sanchez Docusign Envelope ID: 42D5161B-5807-41C5-987B-E16C36C964B5 Page 1 of 4 Revised: 10.31.23 AMENDMENT NO. 1 TO THE VOTELYNX SOFTWARE SUPPORT AGREEMENT 23S181 BETWEEN THE CITY PALM SPRINGS AND INTENT DIGITAL, LLC 1. Parties and Date. This Amendment No. 1 to the VoteLynx Software Support Agreement is made and entered into as of this 11th day of September, 2024, by and between the City of Palm Springs (“City”) and Intent Digital, LLC, an Arizona Limited Liability Company with its principal place of business at 3104 E. Camelback Road, Suite 445, Phoenix, AZ 85016 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement entitled “VoteLynx Software Support Agreement” dated 8/30/2023 (“Agreement”) for the purpose of retaining the services of Contractor to provide software and remote support for Palm Springs City Council Meetings for an amount of $4,300 and a term of 9/1/2023 to 8/31/2024. 2.2 Amendment. The City and Contractor desire to amend the Agreement to extend term for 1 year and add additional compensation in the amount of $4,300 for a new not to exceed value of $8,600. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to the preamble of the Agreement. 3. Terms. 3.1 The preamble of the Agreement is hereby amended to modify the following language: "The VoteLynx “XLG” Software System/Technical Support Agreement, (the “Agreement”) is made by and between Intent Digital, LLC an Arizona business entity, (hereinafter referred to as “I/D”), and the purchaser of this Agreement, City of Palm Springs, CA (hereinafter referred to as “Customer”). The annual fee of Four Thousand Three Hundred Dollars and Zero Cents ($4,300.00) must be paid to “I/D” before coverage is enacted. The term of this agreement is for two (2) years, commencing on September 1, 2023, and ending on August 31, 2025, and may be renewed upon mutual written agreement between the parties." 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. Docusign Envelope ID: 42D5161B-5807-41C5-987B-E16C36C964B5 Page 2 of 4 Revised: 10.31.23 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 42D5161B-5807-41C5-987B-E16C36C964B5 Page 3 of 4 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND INTENT DIGITAL, LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _____________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 42D5161B-5807-41C5-987B-E16C36C964B5 9/17/2024 9/18/2024 Page 4 of 4 Revised: 10.31.23 Exhibit A: 1-year renewal for term 9/1/24 – 8/31/25 Docusign Envelope ID: 42D5161B-5807-41C5-987B-E16C36C964B5 CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Signatures: Insurance: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 6.13.23 Authorized Signers: Name, Email (Corporations require 2 signatures) VoteLynx Intent Digital LLC Todd Sharp tsharp@intentdigital.com Software and remote support for the equipment used to run Council meetings. $4,300 9/1/23- 8/31/24 No Todd Sharp: tsharp@intentdigital.com Information Technology Larry Klingaman 23S181 Yes N/A N/A Yes N/A Yes Sole source attached. Cumulative total $26,589.32 7/27/23 Kendall Bradley DocuSign Envelope ID: 63A4D0D6-4A67-4889-B23F-0BD72452831B X Intent Digital, LLC VoteLynx Software Support Agreement The VoteLynx “XLG” Software System/Technical Support Agreement, (the “Agreement”) is made by and between Intent Digital, LLC an Arizona business entity, (hereinafter referred to as “I/D”), and the purchaser of this Agreement, City of Palm Springs, CA (hereinafter referred to as “Customer”). The annual fee of Four Thousand Three Hundred Dollars and Zero Cents ($4,300.00) must be paid to “I/D” before coverage is enacted. The term of this agreement is for one (1) year and may be renewed upon mutual written agreement between the parties. 1.SOFTWARE ENHANCEMENT AND UPGRADES: “I/D” will periodically release software patches, improvements, enhancements, and upgrades for the VoteLynx XLG System. These releases may cover the VoteLynx Meeting Management Application software, VoteLynx XLG Controller software, Request to Speak Display software, Video Display Unit software, Vote Panel software, and/or Speaker Kiosk software. The releases may pertain to the voting/meeting management operation or the AV Control System operation of the system. “I/D” will make available these software patches, improvements, enhancements, and upgrades to the Client system during the term of this Agreement using remote connection via “TechInline” or any other client preferred service. 2.TECHNICAL SUPPORT: VoteLynx Support includes the following services: •System technical support by email, telephone, or Internet remote access. •On-line web-based training for the VoteLynx system. •Remote login for support, maintenance, and troubleshooting. •Discount pricing on replacement VoteLynx equipment. 3.ACCESS TO “I/D” SUPPORT STAFF: “I/D” technical support is available, Monday through Friday, except major holidays; via e-mail (support@intentdigital.com), to provide assistance and advice on the installation, configuration, troubleshooting and use of the Maintained Software, or to receive discrepancy reports. Every effort shall be made to respond to e-mail requests within 24 hours. “I/D” support staff is also available via telephone (602) 404-0100 ext. 25 during normal business hours at our Phoenix office listed herein, although occasionally the support staff may not be available immediately via telephone if they are servicing other customers. Most technical issues are resolved by phone or through Internet remote access of the system. 4.CUSTOMER’S RESPONSIBILITIES: Customer agrees to report all suspected discrepancies to the “I/D” support staff, and to use reasonable efforts to assist “I/D” in its efforts to find corrections to confirmed discrepancies. Customer further agrees to install and use the newest release of the Maintained Software upon receipt. DocuSign Envelope ID: 63A4D0D6-4A67-4889-B23F-0BD72452831B 5.TERM OF AGREEMENT: The term of this agreement will be one for one (1) year starting at receipt of payment. Thisagreement supersedes prior agreements. 6. INDEMNIFICATION: To the fullest extent permitted by law, “I/D” shall indemnify, defend, and hold harmless Customerfrom and against all liability, claims, actions, damages, losses, and expenses, including, withoutlimitations, reasonable attorneys’ fees and costs, arising out of any breach of the obligations of “I/D”under this Agreement, or any alleged negligent or willful acts or omissions of “I/D”, its officers,employees, or agents. “I/D’s” obligation to indemnify Customer shall apply in all cases except for claimsarising solely out of Customer’s own negligence or willful misconduct. This indemnification provisionshall survive the termination of this Agreement. 7.SIGNATURES OF ACCEPTANCE: Customer: By: ____________________________________________________ By: Todd Sharp________ Title: _________________________________________________ Title: _Financial Partner________ Date: _______________________________________________ Date: _7/18/23 __________ Intent Digital, LLC: Signatures on next page. DocuSign Envelope ID: 63A4D0D6-4A67-4889-B23F-0BD72452831B Revised 4.13.23 Page 11 of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date:Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 63A4D0D6-4A67-4889-B23F-0BD72452831B 8/16/2023 8/30/2023 Intent Digital LLC INVOICE 3104 E. Camelback Rd Suite # 445 Date INVOICE # Phoenix, AZ 85016 7/18/2023 1195 (602) 404-0100 ext 24 Terms: Net 30 City of Palm Springs Brenda Pree (CC)brenda.pree@palmspringsca.gov Todd Butts (IT)Todd.butts@palmspringsca.gov (760)323-8206 ITINVOICES@PALMSPRINGSCA.GOV Date Item Description Hours Fee Mat'l Qty Mat'l Amt Total 7/18/2023 1 VoteLynx XLG-GSS Platinum support 4,300.00$ for 9/1/23 through 8/31/24. Please Ref P.O.23000626 Thank You for choosing Intent Digital.Total 4,300.00$ Sales Tax 8.6%-$ Balance Due 4,300.00$ DocuSign Envelope ID: 63A4D0D6-4A67-4889-B23F-0BD72452831B 3104 E. Camelback Road, Suite 445  Phoenix, AZ 85016  602-404-0100 www.intentdigital.com July 18, 2023 Larry Klingaman IT Director City of Palm Springs, CA Dear Mr. Klingaman: Thank you and the City of Palm Springs team for utilizing the VoteLynx system, a proprietary meeting management and control system that was designed specifically for city councils and legislatures. At Intent Digital, we are unique in our approach to audio/visual/control/voting system design and implementation. We provide end to end audio/control/video/voting/lighting system and facility design services; acoustics planning; detailed collaboration with architects/engineers; digital hardware and software product and technology development; customized electronic enclosure and millwork design; system integration; system commissioning; documentation; and training. This comprehensive approach allows us to fully understand the comprehensive aspects of building construction, electronic equipment & components, agenda system software, and staff workflow related to any meeting facility. We developed the customized “Energize” A/V control system that is currently in use at the City of Palm Springs. Energize is an easy-to-implement, configuration-based control system that delivers the powerful capabilities of other, more costly and complicated programming-based systems. Energize has proven to be a flexible, affordable, highly customizable, and reliable control solution for our clients, including the City of Palm Springs. The architecture enables your city to expand the system’s capabilities to match your evolving and increasingly complex A/V requirements. Intent Digital is the only company with a Meeting Management and Voting solution that includes the Energize control technology, which directly interfaces with specific third-party agenda and streaming solutions. The VoteLynx solution provides pre-document/workflow agenda creation; voting tabulation; meeting minutes; request-to-speak; A/V control; legislative camera control; speaker kiosk; and streaming. This powerful, end-to- end feature set provides a complete solution for seamless workflow before, during, and after public meetings. VoteLynx also includes unique touch panels/screens for meeting participants that are configurable, allowing you to solve problems which may be unique to your meeting rooms. The units offer choices in microphone style & length; LED light ring; analog/digital speaker headphone connection options; and configurable motion, vote, request-to-speak, microphone, and video selection. In addition, a unique visual privacy option is available. These panels are compatible with the Energize and VoteLynx systems and they provide the microphone, control and localized audio monitoring features that overcome most acoustical challenges. Lastly, please know that we offer our proprietary yearly VoteLynx Platinum software support for software upgrades, fixes, and technical support. I am happy to share more information on that program, as well as any other needs you may have related to your VoteLynx/Energize system. We appreciate your continued loyalty. If you have any questions, please do not hesitate to contact me. Respectfully, Todd Sharp, Financial Partner Intent Digital, LLC (602)404-0100 ext. 24 DocuSign Envelope ID: 63A4D0D6-4A67-4889-B23F-0BD72452831B