HomeMy WebLinkAboutresolution.council.075-08RESOLUTION #75
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ARTEMIS SOLUTIONS GROUP SETTING
FORTH THE TERMS AND CONDITIONS REGARDING THE CITY OF
ASPEN AND PITKIN COUNTY WEBSITE REDESIGN AND
IMPLEMENTATION AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Artemis Solutions Group, a copy of
which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Artemis Solutions Group regarding
website redesign and implementation for the city /county website, a copy of which
is annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Dated:
~~~' ~ ~
b
Michael C. Irel d, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held August 25, 2008.
Ka n S. och, City C erk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN,
Colorado, ("City") and Artemis Solutions Group, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Scone of Work. Professional shall perform in a competent and professional manner
consistent with the Artemis Memorandum of Understanding set forth in Exhibit "A" and the Artemis Scope
of Work set forth az Exhibit "B", both attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously az is
consistent with professional skill and care and the orderly progress of the Work in a timely manner. The
parties anticipate that all work pursuant to this agreement shall be completed no later than May 1, 2009.
Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance
of Professional's services which shall be adjusted as required as the project proceeds, and which shall
include allowances for periods of time required by the Citys project engineer for review and approval of
submissions and for approvals of authorities having jurisdiction over the project. This xhedule, when
approved by the City, shall not, except for reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time
and expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit "A" appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed $133,875 according to terms
set forth at Exhibit "A". Professional shall submit, in timely fashion, invoices for work pertormed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shalt review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this contract is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this agreement. Professional shall be and remain solely responsible to the City for the
acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom
shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be
due to any subcontractor.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefore, by giving notice, in writing, addressed to the other party, specifying the
effective date of the termination. No fees shall be earned after the effective date of the termination.
Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any
liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the
Professional, and the City may withhold any payments to the Professional for the purposes of set-off until
such time as the exact amount of damages due the City from the Professional may be determined.
6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed
or retained any company or person, other than a bona fide employee working for the Professional, to
solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or making of this contract.
PS1-971.doc Page I
7. Indecendent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor who
agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of
the City. City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City to
its employees including, but not limited [o, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional shall
be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servantr
and subcontractors during the performance of this contract. Professional shall indemnify City against all
liability and loss in connection with, and shall assume full responsibility for payment of all federal, state
and local taxes or contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Professional and/or Professional's employees engaged in the performance
of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal
injury, sickness, disease, death, property loss or damage, or any other lass of any kind whatsoever, which
arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in
whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional
error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any
officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional,
or which arises out of any workmen's compensation claim of any employee of the Professional or of any
employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond
to, and to provide defense for and defend against, any such liability, claims or demands at the sole
expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for
the defense costr incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage
was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its
employees, the City shall reimburse the Professional for the portion of the judgment attributable to such
act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The Professional shall not
be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by
reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain
insurance in sufficient amountr, duration, or types.
(b) Professional shall procure and maintain, and shalt cause any subcontractor of the Professional
to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured
and maintained with forms and insurance acceptable to the City. All coverages shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Professional
pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by applicable laws
for any employee engaged in the performance of work under this contract, and Employers' Liability
insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident,
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and FIVE HUNDRED THOUSAND
PS1-971.doc Page 2
DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status may be
substituted for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits of
ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate. The policy shall 6e applicable to all premises and operations. The
policy shall include coverage for bodily injury, broad form property damage (including completed
operations), personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limitr for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,-
000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to
each Professional's owned, hired and non-owned vehicles assigned to or used in performance of
the Scope of Work. The policy shall contain a severability of interests provision. If the Professional
has no owned automobiles, the requirementr of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limitr of ONE MILLION DOLLARS
($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insurance, and
any insurance carried by the City, its officers or employees, or carried by or provided through any
insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional.
No additional insured endorsement to the policy required above shall contain any exclusion for bodily
injury or property damage arising from completed operations. The Professional shall be solely responsible
for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement
of the contract. No other form of certificate shall be used. The certificate shall identify this contract and
shat! provide that the coverages afforded under the policies shall not be canceled, terminated or
materially changed until at least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the required
coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City
may immediately terminate this contract, or at its discretion City may procure or renew any such policy or
any extended reporting period thereto and may pay any and all premiums in connection therewith, and all
monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of
the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or intend
to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and
$600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or
otherwise available to City, its officers, or its employees.
PSI-971.doc Page 3
10. Citys Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty
Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are
available to Professional for inspection during normal business hours. City makes no representations
whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable
notice of any changes in its membership or participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the respective
persons and/or addresses listed below or mailed by certified mail return receipt requested, to:
City: Professional:
City Manager
City of Aspen ~r~cw~is.~J~io„s 6roJ~
130 South Galena Street Street Address ZsclGoCds. kd. N:k 503
Aspen, Colorado 81611 City, State & Zip Code ~<k (~ 1 '~ls~ Z's
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall
be made in the employment of persons to perform services under this contract. Professional agrees to
meet all of the requirementr of City's municipal code, Section 13-98, pertaining to non-discrimination in
employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatroever shall not constitute a waiver of any term, covenant, or
condition to be performed by Professional to which the same may apply and, until complete performance
by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy
available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This agreement shalt be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to
the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by
the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolu-
tion of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence)
to execute the same.
16. Illegal Aliens -CRS 8-17.5-101 8 24-76.5-101.
a, Purpose. During the 2006 Colorado legislative session, the Legislature passed House
Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes
relating to the employment of and contracting with illegal aliens. These new laws prohibit all
state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an
illegal alien to perform work under a contract, or to knowingly contract with a subcontractor
who knowingly hires with an illegal alien to perform work under the contract. The new laws
also require that all contracts for services include certain specific language as set forth in the
statutes. The following terms and conditions have been designed to comply with the
requirements of this new law.
PS1-971.doc Page 4
b. Definitions. The following terms are defined in the new law and by this reference are
incorporated herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, that is administered by the United States Department of Homeland
Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reportr that are
merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot Program
in order to verify that new employees are not employ illegal aliens.
Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees without
confirming the employment eligibility of all such employees hired for employment in
the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professiona( that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation in the
Federal Basic Pilot Program that Professional does not employ any new employees who
are not eligible for employment in the United States; and if Professional has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract
for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5) days of the date of
the Public Contract. Professional shall continue to apply to participate in the Federal
Basic Pilot Program and shall in writing verify same every three (3) calendar months
thereafter, until Professional is accepted or the public contract for services has been
completed, whichever is earlier. The requirements of this section shall not be required
or effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while the Public Contract for Services is being
performed.
(v) If Professional obtains actual knowledge that a subcontractor performing work
under the Public Contract for Services knowingly employs or contracts with a new
employee who is an illegal alien, Professional shalt:
PS1-971.doc Pages
(1) Notify such subcontractor and the City of Aspen within three
days that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new employee
who is an illegal alien; except that Professional shall not terminate the Public
Contract for Services with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the
Colorado Department of Labor and Employment undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen
may terminate the Public Contract for Services. If the Public Contract for Services is so
terminated, Contractor shall be liable for actual and consequential damages to the City
of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,(2)
shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one
of the forms of identification required by CRS 24-76.5-103 prior to the effective date of
this Agreement.
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing signed by
the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as from
time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the date
hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 6
ATTESTED BY:
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CITY OF EN, COLORADO:
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Title: ~~~[~~j~ 0
Date: O ~~~~'~
PROFESSIONAL:
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By:
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PS1-971.doc Page 7
EXHIBIT "A" to Professional Services Agreement
Artemis Memorandum of Understanding
Terms and Conditions
Fixed Fee Rate Schedule
A 30% down-payment is required to begin the project. The payment schedule for the remaining 65%
balance requires:
0 20% at the completion of the architecture phase
0 10% at the completion of creative sign-off
0 15% at the completion of add-on modules
0 25% upon project completion
• Artemis Solutions Group will give 60 days written notice of changes to fee schedule.
• Invoices are considered overdue if they are not paid in full within thirty (30) days from the date of
the invoice. Werdue invoices will incur a 1,T% per month (Z0.4% annually) time price differential.
• CLIENT's account becomes past due, CLIENT agrees to pay to CONTRACTOR all legal costs, fees,
actual attorney fees and other expenses CONTRACTOR incurs pursuing CLIENT for the amount owed
to it.
Time and Materials Rate Schedule
• The Time 8 Materials billing model operates such that the client pays for exactly the amount of
hours worked on the task. Each task has controls around the volume of work completed and charged
for, with a reoccurring client check-in point, after a certain number of hours.
• CONTRACTOR charges $125 per hour for technology consulting and software development services,
• CONTRACTOR charges $125 per hour for maintenance and tech support services related to custom
application solutions.
• Invoices charged against retainer vdll be sent semimonthly.
• Invoices are considered overdue if they are not paid in full within thirty (30) days from the date of
the invoice. CNerdue invoices will incur a 1.T% per month (20.4% annually) time price differential.
• In the event that CLIENT's account becomes past due, CLIENT agrees to pay to CONTRACTOR all
legal costs, fees, actual attorney fees and other expenses CONTRACTOR incurs pursuing CLIENT for
the amount owed to it.
• CONTRACTOR will give 60 days written notice of changes to fee schedule.
Page i
Work Orders
Work Orders and Those Authorized to Approve
• Artemis Solutions Group representatives will work on a time and materials basis for services
requested outside of the scope of this AGREEMENT.
• For non time and materials projects, CLIENT can elect to have CONTRACTOR perform services on a
limited scope project basis. For the purpose of CONTRACTOR accountability and CLIENT control,
project based services may be subdivided into smaller portions with specific deliverables. For each
WORK ORDER, both parties will agree to a defined scope of work, detailed deliverables, time frame
for completion, and estimated cost. WORK ORDERS may be for any size but generally will not exceed
$25,000. Services provided under WORK ORDERS are billed on a time and materials basis and actual
charges may be more or less than originally estimated.
• Authorization for work may be given through email.
• Only the individuals identified below shall be authorized to approve WORK ORDERS:
Liability and Disclaimer of Damages
• CONTRACTOR shall maintain an Errors and Omissions Insurance Policy with policy limits of
$1,000,000 which CONTRACTOR agrees to maintain during the term of this AGREEMENT.
• CONTRACTOR shall maintain Hazard Insurance which CONTRACTOR agrees to maintain during
the term of the AGREEMENT. CONTRACTOR will provide a copy of the Insurance Policy to
CLIENT at thime of execution of this AGREEMENT and at each Renewal Term of Insurance.
• CONTRACTOR is not liable or responsible for any last revenue or productivity experienced as a result
of inaccuracies, downtime, errors or any other problems known or unknown.
• CONTRACTOR is in no way liable for any of the following damages direct, indirect, punitive,
incidental, special, and consequential or any other damages. CONTRACTOR is in no way liable,
under any circumstances and without limitation, for any damages arising out of the use of the
software or the inability to use the software, including but not limited to: costs and expenses
arising out of computer failure, network failure, work stoppage, lost profits and lost data
arising out of or in any way connected to the operation, implementation and performance of
the software, network, server or workstations.
• CONTRACTOR disclaims liability or responsibility for any damages even if CLIENT has not been
advised of the possibility of such damages.
• CONTRACTOR makes no representations about the suitability and reliability of any software
provided. The software is provided "as is" without a warranty of any kind, either expressed or
implied, including but not limited to the implied warranties of: merchantability, non-
infringement of third party rights, title, fitness for a particular purpose and workmanlike
effort.
Page ii
Severability
• If any portion of this AGREEMENT is determined to be invalid or unenforceable under Michigan or
Federal law, including but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that matches, as close as possible, the intent of the original provision or terms
of the unenforceable provision and the remainder of AGREEMENT shall continue in effect.
Termination
• This AGREEMENT shall become effective on the date it is executed 6y both parties and will continue
in force until the project is complete or until it is cancelled.
• Either party may terminate the AGREEMENT upon fifteen (15) days advance written notice to the
other party.
• If CLIENT is delinquent in paying amounts due CONTRACTOR, CONTRACTOR may withhold services
until receipt by CONTRACTOR of all overdue amounts and interest.
• CONTRACTOR or CLIENT may contract with third-parties in providing services to the CLIENT-
owned System. And such third-parties shalt be required to execute aNon-discloser Agreement
to protect both the CONTRACTOR and the CLIENT.
Warranty Phase
Artemis' warranty phase is a period after the project phase has closed, in which our development team
corrects any missed, lost or misunderstood xope requirements that were originally documented and agreed
upon during the project phase. The Warranty Phase will be 4 weeks for this engagement.
Post•Warranty Support
Once a project has been completed it is handed off to Artemis' Post Implementation team. Our Post
Implementation team ensures that any problems are taken care of in a timely and efficient manner if they
arise. The purpose of this phase is to maintain the rystem as it is, after the warranty phase is closed.
Changes beyond those necessary to maintain the system as delivered will be billed at Artemis' standard
hourly rate, upon agreement.
Service Level Agreement
• From the term of this AGREEMENT until termination CONTRACTOR will provide the following
support services far the CLIENT-owned system at the specified rate proposed previously in the
proposal.
1. Any fixes or modifications to software and source code
2. Any updated user and program documentation
3. Correction of any failure of the CLIENT-owned system.
4. Telephone support
• CONTRACTOR shall make the above services available to CLIENT on a timely basis. CONTRACTOR
shall provide a one hour response time to emergency calls (system outage) 24/7.
Page iii
CONTRACTOR shall a qualified system maintenance person between the hours of 8:00 AM and 5:00
PM, Eastern Time, Monday through Friday (exclusive of holidays), for telephone consultation with
CLIENT within one (1) hour for Priority 1 calls, two (2) hours for Priority 2 calls and twenty-four (24)
hours for Priority 3 rolls after receiving a request for consultation from a "Designated Customer
Contact' (as herein defined). In addition, if CONTRACTOR deems it necessary, CONTRACTOR will
commence on-site maintenance within two (2) hours for a Priority 1 call, 3 hours for a Priority 2 call
and within 2 Business Days for a Priority 3 call. CLIENT will provide access to CLIENT-owned system
to CONTRACTOR, far not only product support, but also for maintenance of CLIENT•owned system.
o Priority 1 Call -any situation that causes CLIENT to be unable to use the CLIENT-owned
system or any component thereof.
o Priority 2 Call -any situation in which CLIENT is able to use the CLIENT-owned system but
CLIENT'S production or use of the system is materially affected.
o Priority 3 Call - is any situation which is not a Priority 1 or Priority 2 call.
• CLIENT shall provide to CONTRACTOR written notice listing not more than two (2) Designated
Customer Contactr authorized by CLIENT to communicate with, and to authorize service to be
performed by CONTRACTOR. CLIENT may modify listing and give written notice to CONTRACTOR.
Page iv
EXHIBIT "B" to Professional Services Agreement
Artemis - Scoue of Work
The following items will be included in the fixed fee project budget. Scope v~ill be further defined in a
functional requirements document during the Architecture phase.
Discovery Meetings $2,000.00
Series of meetings to gather information far planning and architecture
Project Planning & Management $6,000.00
Development team & Client communications; Consulting; Project lifecycle progress &
health
ARGtltftri~
Information Architecture $4,250.00
Si[emap development; Wireframes; Functional specifications
Content Planning $3,250.00
Content checklist; Department survey; Content recommendations 8 consulting
Graphic Userlnterface Design $12,500.00
Creative Brief; Design phase 1; Design phase fl; Client Communications; Graphic file
preparation for development
DE!1Ek~-f1'~ :.
Content Management System Skinning $6,250.00
Homepage & subpage template
Contentlntegration; Phase I $6,250.00
15 pages of content integration; Most complex pages wil(be handled first; Style guide
included, if requested
CMS Training 8 Documentation $2,250.00
Two troining sessions
Filterable Calendar of Events Module $5,000.00
This calendar maybe displayed as a fist of events, but will be able to be displayed
graphically as with the look of a standard calendar. The user /citizen will be able to
click on a particular meeting and have [hat download to their focal calendar. Meetings
which are added must have the ability to have attached agendas and minutes. Should a
citizen have subscribed to receive notifications of meetings, once [he meeting is added
to the calendar, an email will be generated to that list of subscribers with the meeting
RSS News Feed Module $4,375.00
Syndicated News module implementation allowing for eary readability. This includes a
News and Press Releases section of the website, with the ability to add, edit, delete
press releases and "feed" these items to any relevant/associated page on [he site. In
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addition, if someone subscribes to News for a particular areo of interest, this would
automatically be sent as an email when a press release is added to the site.
Advanced Site Search $7,500.00
Advanced search module with full text search for PDF documents and files.
Document Repository Module $5,000.00
Document library to be accessed by public or logged in users; Allows for multiple user
role viewing and editing control; Advanced document search included. Includes ability
for customers/citizens file exchanges
GIS Map Module $8,750.00
Vibrant map display of targeted area; Highly acclaimed user interface
Unique User Roles & Content Approval $2,500.00
Control of viewing and editing rights for unique user roles; Enhanced administration
functionality.
ADA Compliant Included
Artemis will ensure that the website will be full y ADA compliant
Browser Compatibility and basic Mobile Compatibility Included
The website will 6e compatible with 1. E, Firefox and Safari. Home, calendar end
emergency page mobile compatible -read-only.
Web Traffic Analytics Included in hosting package
Artemis will install Google Analytics and allow COA/PC staff complete access to analytic
statistics. Regular reports will provided at the City's request
Website Access Included
Artemis will provide access to all website /files via FTP and Aspen SQJ_ Server database.
An oven FTP site will also be available.
Utilizing our CMS and template pages, the COA/PC can utilize its employees to integrate content into
the website. Artemis will provide support to ensure that content is properly integrated.
Support for content integration $5,000.00
Artemis provides support while COA/PC integrates content.
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Quality Assurance & Testing $7,000.00
Quality assurance of website usability, module functionality, skinning, and content
integration work
Website Deployment $2,000.00
Configure server environment, domains and deploy live website; Includes web traffic
analytics
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v _ ~~._
Video Gallery $3,500.00
Part of the Artemis Social Networking package. Includes a rich set of features for
managing online videos gallery portfolio, video sharing.
Media Gallery $3,500.00
Part of the Artemis Social Networking package. Capabilities for managing online
photo/media galleries, display and sharing, download/upload photos.
Blog $1,500.00
Part of the Artemis Social Networking package. For budge[ estimates, one application is
assumed.
Enhanced Graphic Design $800.00 per page
Enhancements to graphic design beyond homepages and top level subpages. For budget
estimates, a number of three pages will be considered. This will be billed on an as-
needed basis.
Popular Pages Module $2,500.00
Dynamica(lypulls a fisting of the top 5 site (inks. For both city and county specific
links.
Online Forms Module $2,500.00
Conversion of existing PDF forms and creation of new forms. Forms editable by
administrator; Validation and reporting included. Includes up to five forms. Additions!
forms can be created at $500 per form.
E•Notifier -Emergency Alerts $3,500.00
Emergency alerts system, with citizen subscription mechanism.
E•Notifier -Events and News 53,500.00
Alerts for new events and news. With subscription mechanism.
Vendor RFP Module $2,500.00
Lite version of system to publish RFPs to vendors.
MyLinks Module $7 , 500.00
Module will allow end users to create account on the city/county website, and
customize/personalize links for their use. Core links module will be
enhanced/simplified for this use.
E-Newsletters $3,000.00 plus trx
Mass Newsletter system. Cost will cover setup of system using myEmma (a third party
system). One template design will also be included. myEmma transactional charges per
email may aPPly.
. . RtAt: JiSili~~iS: ~27,'..E~ .
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The following items will be implemented in a Time and Materials basis. Hourly estimates and costr associated
with each of the following modules are intended to be an estimated number only, not a guarantee of
final cost. Scope will be further defined in a functional requirements document during the Architecture
phase.
Custom Application Development
$125/hour
3rd Party Module Skins $6,000.00
Exclusively limited to development and delivery of HTML/CSS; Vendor communications.
!n some simple applications, if budge[ permits, Artemis will assist in integrating
HTML/C55. $1,500 per module (4 modules assumed)
Artemis Onsite Visit $4,000.00
Artemis staff will go on site for either or al! of the following project milestones, of the
City's discretion: Wireframes and content organization, graphic design presentation and
CMS training. Far budget considerations it's assumed a 2-day onsite work visit for two
members of our staff @ $125 per hour per resource"
Estimate for Transportation, Hotel, etc $4,000.00
*Airfare, transportation, hotel accommodations and meals pricing varies depending on time of visit and
are to be priced in a separate proposal when exact days have been specified.
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Statement of Work: 3rd Party Offerings
5
u.~_ _
Online Permits" See Appendix B (Enliven quote)
$8,500.00 plus payment transactional fees
Online application, payment, approval and issuance
:. .. ,. ', ~r~'. -- '
* Notice of Disclosure on 3rd Party Vendor offering:
This is a notice of disclosure to the client (COA/PCof Aspen) hereby known as "client" that they are entering Soto
contract with a 3rd party vendor and that they are subject to the terms of use issued by the vendor. Artemis
Solutions Group has no Legal requirementr/responsibility for maintenance of services or applications maintained by
the vendor and shall be held harmless in the event of loss/disruption of service, availability, or functionality of
services and/or modules. In the event of termination of service -initiated by either the client or the 3rd party
vendor -Artemis Solutions Groups is not liable for providing lost services under the previously initiated contractual
scope of work.
Total Project Cost:
$133,875.00
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Proiect Phase Duration
Consulting 2 weeks
Architecture 3 weeks
Development 6 weeks
Contentlntegration* 2 weeks
Implementation 1 week
Total Estimated Proiect Duration: 14 weeks
`This timeline assumes that content integration will be completed in the allotted number of weeks. For any
business day content delay, two business days will be added to the total duration of the project.
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