HomeMy WebLinkAboutresolution.council.070-23RESOLUTION #070
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN
THE CITY OF ASPEN AND FLUXX SERVICES, INC
WHEREAS, the City of Aspen is committed to maintain an effective and
transparent grants program aligned with best practices; and
WHEREAS, the City of Aspen wishes to extend its contract with Fluxx Services,
Inc to further these objectives
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the contract
attached hereto
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 91h day of May 2023.
Torre, Mayor
I, Nicole Henning, 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, May 9, 2023.
c(,c_ 0
Nicole Henning, City Clerk
AMENDMENT
City of Aspen, CO
LICENSE, TECHNICAL SUPPORT, AND HOSTING 2023-
2025
This Amendment is executed as of April 30th, 2023 by and between City of Aspen, CO ("Customer") and Fluxx
Labs, Inc. ("Fluxx").
A. Customer and Fluxx previously executed that certain Agreement dated April 271h, 2022 (the "Agreement").
B. Pursuant to the Agreement, Fluxx implemented a customized version of the Fluxx grant management system
("System") for Customer and has been providing maintenance services for the System (including, without
limitation, cloud platform hosting, system support, documentation, issue resolution, system upgrades, back-ups
and System security) (collectively, the "Maintenance Services").
C. Customer and Fluxx wish to amend the Agreement by extending its term so that Fluxx will continue providing
the Maintenance Services, as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants set forth in the Agreement and this Amendment,
Fluxx and Customer agree as follows:
1. Term and Termination. Term and Termination. The term of the Agreement is hereby extended to April 3011
2025, and shall automatically renew for successive one-year periods with a 10% fee increase, unless one party
shall have notified the other in writing at least (60) Days prior to a scheduled expiration date that it does not
wish to renew the Agreement under the autorenewal terms via cancellation or extending service through a new
multi -year agreement.
Notwithstanding the above, if either party defaults in the performance of this Agreement or materially breaches
any of its obligations under this Agreement, the non -breaching party may terminate this Agreement
immediately if the breaching party fails to cure the breach within fifteen (15) business days after having received
written notice by the non -breaching party of the breach or default.
Upon termination of this Agreement for any reason other than a breach by Fluxx, Fluxx shall be paid for
all outstanding Yearly Fees through the end of term, and all other sections shall survive termination of
this Agreement. In the case of a breach by Fluxx, Fluxx shall reimburse Customer any prepaid fees from
date of breach through the end of the term.
This contract is subject to appropriation of funds by the Aspen CO City Council for each year of the
contract. If funds for the contract are not appropriated for any subsequent year, the contract shall be
terminated without penalty.
2. Pricing and Payment. In consideration of the Maintenance Services to be provided hereunder, Customer
hereby agrees to pay to Fluxx the following fees $22,500.00 USD beginning May 111, 2023.
Each invoice shall be due and payable within thirty (30) days following the invoice date.
3. Advanced Services. The customer shall pay to Fluxx a fee of $250.00 USD per hour in year one for any
advanced services in addition to Technical Support, provided however that such rate may be adjusted annually
in accordance with the relevant Consumer Price Index
Years
Product
Payment Sch e u le
Billing bate
Payment Amount
1
Fluxx Platform
May 12023 - April 30
May 1st 2023
$22,500.00
2024
2
Fluxx Platform
May 12024 - April 30
May 1st 2024
$22,500.00
2025
The parties have executed this Amendment on the respective dates set forth below:
CITY OF ASPEN, CO
By:
Title:
Address: 427 Rio Grande Place
Aspen, CO 81611
Date:
FLUXX LABS, INC.
By: Melissa Caldwell
Title: VP of Customer Success & Onboarding
Address: 2261 Market Street, #4060
San Francisco CA, 94114 USA
Date: