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R-03-08-28-10A1 - 8/28/2003RESOLUTION NO. R- 03- 08- 28 -10A1 WHEREAS, the City has a need for technical consulting services for web site programming, design, licensing, and hosting, and WHEREAS, Interactive Ensemble, Inc. has submitted a Consulting Agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Interactive Ensemble, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Consulting Agreement for Web Site Programming, Design, Licensing, and Hosting with Interactive Ensemble, Inc., a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of August, 2003. AP ST: CHRISTINE R. MARTINEZ, City Sectary ®P PDesktop\:: O➢ MA/ ProRL➢ OX/ O : / WDOX /Re30LOTI /R3032BA1.WP ➢ /sc WE , M yor City of Round Rock, Texas CITY OF ROUND ROCK CONSULTING AGREEMENT WITH INTERACTIVE ENSEMBLE, INC. FOR WEB SITE PROGRAMMING, DESIGN, LICENSING, AND HOSTING THIS CONSULTING AGREEMENT for professional services for web site programming, design, licensing, and hosting ( "Agreement ") is made by and between the City of Round Rock, a Texas home rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, ( "City") and Interactive Ensemble, Inc.( "Consultant "), whose offices are located at 3215 Steck Avenue, Suite 200, Austin, Texas 78757. RECITALS: WHEREAS, City has determined that there is a need for programming and design of the Round Rock Economic Development web site (the "Web Site "), and for licensing of Consultant's Web Site Management System to City from August 1, 2003 through August 1, 2005, and for hosting by Consultant of the Web Site on Consultant's Internet servers from August 1, 2003 through August 1,2005;and WHEREAS, City desires to contract for professional services for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. 2003. The term of this Agreement shall be for twenty -four (24) months beginning from August 1, It is expressly acknowledged by and between the parties hereto that work shall begin within seven (7) calendar days of execution of this Agreement. City reserves the right to review the project at any time, including at the end of any deliverable or phase, and may elect to terminate the project with or without cause or may elect to continue with the next deliverable or phase. g IVDeskwp\ ODMNWORIDCO GO AVOO JUCOMUGNUwrERACTIVFl00053846 WPE Ig 1 EXHIBIT 1.02 PAYMENT In consideration for the professional services to be performed by Consultant, City agrees to pay Consultant a total sum of not less than Twenty -four Thousand Three Hundred Seventy and No /100 Dollars ($24,370.00) and not more than Forty -seven Thousand Eight Hundred Ten and No /100 Dollars ($47,810.00), as delineated hereafter: Milestone Milestone I: Requirements Document Milestone II: CMS Milestone III: Content and Site Structure Milestone IV: SMS Milestone V: Communications Milestone VI: Plans Hosting: Monthly Hosting: Annual 1.03 TERMS OF PAYMENT 1.04 OBJECTIVES AND SCOPE OF SERVICES Low Estimate High Estimate $3,500.00 $2,500.00 $2,500.00 $7,500.00 $2,500.00 $3,800.00 $1,080.00 ($45 x 24) $ 990.00 ($495 x 2) 2 $ 7,500.00 $ 4,500.00 $ 6,200.00 $15,000.00 $ 6,500.00 $ 4,200.00 $ 2,040.00 ($85 x 24) $ 1.870.00 ($935 x 2) $24,370.00 $47,810.00 Consultant's compensation for professional services shall not exceed, without written consent, the amounts indicated herein. City shall pay, strictly within the confines of the not -to- exceed sum recited herein, Consultant's professional fees for work done on behalf of City. To receive payment, Consultant shall prepare and submit a detailed invoice to City for services rendered. If City has any dispute with work performed, then City shall notify Consultant within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Consultant shall either (a) satisfactorily re- perform the disputed services or (b) provide City with an appropriate credit. Consultant contracts to work with City to enhance the current Round Rock Economic Development Web Site so that it demonstrates the complete value of the City and surrounding areas; to improve the Web Site by expanding demographic statistics, enhancing general information about the area, and increasing the visual imagery thereon; to present focused content targeted at prospects in Nanotechnology, Bio- Pharma, Bio -IT, Advanced Manufacturing, and High Technology businesses; and to work with City staff to identify key data and present same in a professional and easy -to- access format for City's target market of Site Consultants and Corporate Realtors. Consultants agree to provide, by way of inclusion but not limitation, the following services: MILESTONE I - GATHERING INFORMATION AND VISUAL IMAGERY ($3,500 - $7,500) Collection of information, images, and photographs for the Web Site content and writing the Requirements Document, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE II - UTILIZING A CONTACT MANAGEMENT SYSTEM ($2,500 - $4,500) Integration of a Contact Management System, aweb -based application for tracking prospects and prospecting activity, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE III - COLLECTING CONTENT TO THE WEB SITE, AND SITE STRUCTURE ($2,500 - $6,200) Collection of content and definition of new site structure, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE IV - INTEGRATING A SITE MANAGEMENT SYSTEM ($7,500 - $15,000) Implementation of Consultant's Site Management System, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE V - EXPANDING ELECTRONIC COMMUNICATIONS ($2,500 - $6,500) Expansion of Electronic Communications to promote specific information to designated audiences, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE VI - DEFINING 3 -YEAR TECHNOLOGY STRATEGY ($3,800 - $4,200) Definition of next three years for the department Technology Strategies, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. Further, Consultant agrees to provide the following as part of the hosting services: (1) Database server functionality; (2) Weekly backup of City's database; 3 (3) Periodic monitoring of the functionality of City's database; and (4) Monthly statistics displaying usage of the Web Site. HOSTING SERVICES (MONTHLY $1,080 - $2,040) (ANNUAL $990 - $1,870) Providing hosting services as delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes, and as govemed by the Service Level Agreement labeled Exhibit "B" and attached hereto and incorporated herein for all appropriate purposes. The parties expressly agree that any work not included in or reasonably inferable from Section 1.04 herein and from Exhibits "A" and "B"attached hereto shall be considered additional work for which the parties must mutually negotiate acceptable terms for performance and payment. Any work necessitated to correct problems caused by unauthorized alterations or modifications made by City to the Web Site shall be considered additional work subject to the provisions of this paragraph. 1.05 REQUIRED REPORTS Consultant agrees to provide City with any necessary detailed final written reports, together with all information gathered during the course of the project. Additionally, Consultant agrees to provide City with any necessary oral presentations of such detailed final written reports, at City's designation and at no additional cost to City. 1.06 LIMITATION TO SCOPE OF WORK Consultant and City agree that the scope of services to be performed is generally enumerated in Section 1.04 herein. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be based solely on criteria accepted by City which maybe influenced by but not be dependent on Consultant's work. 1.07 NON - APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Consultant a written notice of termination at the end of its then current fiscal year. 1.08 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Consultant will be made within thirty (30) days of the day on which City receives the performance, supplies, 4 materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and /or deliverables or services, whichever is later. Consultant may charge a late fee of one percent (1 %) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and Consultant concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 2. The teens of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 3. There is a bona fide dispute between the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 4. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 1.09 TERMINATION This Agreement may be terminated for any of the following conditions: 1. By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than sixty (60) days prior to termination. 2. By mutual agreement and consent of the parties, such agreement to be in writing. 3. By either party for failure by the other parry to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other Party. 4. By either party for failure by the other party to fulfill its obligations as set forth herein. 5. By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter by paid to Consultant. City shall pay Consultant for all uncontested services performed to date of notice of termination. 5 If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.10 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer - employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: 1. Consultant has the right to perform services for others during the term hereof. 2. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. 3. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. 4. Consultant or its employees or subcontractors shall perform the services required hereunder, and City shall not hire, supervise, or pay any assistants to help Consultant. 5. Neither Consultant nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. 6. City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement, 7. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.11 NON - SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 6 1.12 RESPECTIVE OWNERSHIP Any graphics, data, imageware, audio material, video material, and the HTML documents and database content which are created hereunder by Consultant for use on the Web Site shall remain the sole property of City. Consultant shall remain the sole owner of all applications, interfaces, software programs or programming methodologies owned or created by Consultant hereunder and used in the development of the Web Site and Business System. 1.13 CONFIDENTIALITY Any and all programs, data, or other materials furnished by City for use by Consultant in connection with services to be performed under this Agreement shall be held in confidence by Consultant as set forth hereunder. All parties agree to hold all confidential information in the strictest confidence and not make any use thereof other than for the performance of this Agreement. Notwithstanding the foregoing, the parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accord therewith. Consultant may use portions of the completed project for publicity, marketing, or promotion only if City gives its specific express permission to do so in writing prior to Consultant making any use of same, and City shall be under no obligation whatsoever to grant such permission. 1.14 WARRANTIES Consultant warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re- perform any work not in compliance with this warranty. Consultant warrants that its work will, at a minimum, comply with Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. Consultant warrants that its work will be free from defects in software design under normal use and service for the duration of this Agreement, provided that the Web Site is used on the Internet server for which it was developed. Consultant's sole and exclusive obligation, and City's sole and exclusive remedy, under this warranty is the repair or replacement, at Consultant's expense, of any defective workmanship or software covered by this warranty. Consultant shall not be liable under this warranty or otherwise for any defect caused by any unauthorized alterations or modifications made by anyone other than Consultant THE WARRANTY GIVEN BY CONSULTANT IN THIS PARAGRAPH AND THE OBLIGATIONS AND LIABILITIES OF CONSULTANT UNDER THIS PARAGRAPH SHALL BE EXCLUSIVE AND ARE IN LIEU OF, AND CITY HEREBY WAIVES, ALL OTHER SIMILAR WARRANTIES, GUARANTEES, CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 7 1.15 INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result of this Agreement arising out of or in any way related to any design, data or other material of any type supplied by Consultant which are or are alleged to be (1) defamatory; or (2) infringing on a third party's property rights, including but not limited to copyright or trademark rights; or (3) are otherwise tortious or in violation of any local, state or federal statute, rule or regulation. Consultant further agrees that, upon request of City, Consultant will defend any claim or litigation brought in connection with any such design, data or other material on behalf of City, and in the name of City, and at Consultant's own expense. City agrees to hold harmless, exempt, and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result of this Agreement arising out of or in any way related to any design, data or other material of any type supplied by City which are or are alleged to be (1) defamatory; or (2) infringing on a third party's property rights, including but not limited to copyright or trademark rights; or (3) are otherwise tortious or in violation of any local, state or federal statute, rule or regulation. City further agrees that, upon request of Consultant, City will defend any claim or litigation brought in connection with any such design, data or other material on behalf of Consultant, and in the name of Consultant, and at City's own expense. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise, including without limitation damages arising from loss of the use of the Web Site, whether or not occasioned by Consultant's negligence. 1.16 ASSIGNMENT AND DELEGATION No party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 1.17 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 1. Withhold FICA from Consultant's payments or make FICA payments on its behalf; 8 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from any of Consultant's payments. If requested, City shall provide Consultant with a certificate from the Texas State Comptroller indicating that City is a non - profit corporation and not subject to State of Texas Sales and Use Tax. 1.18 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Interactive Ensemble, Inc. Deborah Shelby, President 3215 Steck Avenue, Suite 200 Austin, TX 78757 Notice to City: City of Round Rock James Nuse, City Manager 221 East Main Street Round Rock, TX 78664 AND TO: City Attorney's Office Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 9 1.19 APPLICABLE LAW The laws of the State of Texas shall govern this Agreement. Venue shall lie in Williamson County, Texas. 1.20 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including the exhibits listed below, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized goveming body or representative for each party. 1.21 DISPUTE RESOLUTION If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City shall select one mediator and Consultant shall select one mediator and those two mediators shall agree upon a third mediator. Any costs and fees, other than attomey fees, associated with the mediation shall be shared equally by the parties. City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1 -14) or any applicable state arbitration statute. 1.22 ATTORNEYS FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorneys fees. 1.23 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. 10 Consultant shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information, data, documentation, or other material necessary for Consultant to perform its obligations hereunder. 1.24 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity of enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.25 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. No purchase order or other ordering document that purports to modify or supplement the printed text of this Agreement or any schedule, exhibit or addendum shall add to or vary the terms of this Agreement. All such proposed variations or additions (whether submitted by Consultant or City) are objected to and deemed material unless properly agreed to in writing. Except for contractual obligations recited herein, no party shall be liable for any failure due to causes beyond its control. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. If at any time during the term of this Agreement Consultant becomes subject to any bankruptcy or insolvency proceeding under federal or state statute, and provided that City's license payments are current, then and in that event Consultant shall provide best efforts and cooperation to ensure an orderly and efficient transition of City's system to Consultant's successor. This provision specifically includes source code and data files used to produce City's Web Site and business system. Notwithstanding anything herein to the contrary, the following sections shall survive termination of this Agreement: Sections 1.12, 1.13, 1.15, 1.19, 1.20, 1.23, and 1.24. To expedite order processing, transmitted copies are considered documents equivalent to original documents; however, City agrees to provide Consultant with one (1) fully executed original Agreement. 11 This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. CITY OF ROUND ROCK, TEXAS ATTEST: By: Nyle Maxwell, Mayor Christine R. Martinez, City Secretary Date Signed: Date Signed: INTERACTIVE ENSEMBLE, INC. By: Deborah Shelby, President Date Signed: 12 Round Rock Economic Development RFO No. 03 -014 — Economic Development Web Site 1 " INTERACTIVE Ijensernble Del f lop. EXHIBIT " July 17, 2003 3215Steck Ave., Suite 200 Austin, Texas 78757 phone 512.420.8800 fax 512.420.8801 infoeiensemble.com www.iensemble.com / • • • 1" INTERACTIVE ensemble Define. Develop. Deliver. Table of Contents Overview Goals 3 Our Approach, 3 Milesto mGa Information and Visual Imagery 3 4 Requirements Content 4 Photographs, Maps, and Images 4 Hosting 5 H Milestone II: Utilizing a Contact Management System... 5 5 Features Benefits 5 .6 Milestone III: Collecting Content to the Web Site 6 Site Wide Modifications 6 Current Architecture ....„ 7 New Architecture Visual Modifications 7 Milestone IV: Integrating a Site Management System 8 9 Features-.. Web Site Content 9 Milestone V: 9 Expanding Electronic Communications.. 10 Nfilestone VI Defining 3 year Technology Strategy 10 Hosting Se RFO Requirements 11 Development Experience 11 Estimated Cost 11 Company Infomtation 13 15 Confidential Proposal for Round Rock Public Affairs, Business Development 2 r 0 jensef11bJe Define. Develop. Deliver. Overview The ptimaty objective of this project is to enhance the current Round Rock Economic site in such a way that it demonstrates the complete value of the and De�dOpntend to by expanding demographic improve the Web site �g area. intend e hic statistics, enhancing genera] information nn abboo ut the area, and increasing the visual imagery. We will present focused content targeted at ptospata in N Advanced anufacttumg and High Technology businesses. Bdo Enhancing the content is significant to maldog this a valuable resource for Site Consultant and Realm's, the Cotp principal visitors of the Web site. We understand that orman orate presenting will direct them to contact your team. We will work wide key right kind re i n it in oar professional and easy to access format far your beget t One o f o our Economic y and present t n a C ow partners Mark James, CEO of ED Solutions, may also consult on this project as needed. Goals There ate three main goals for this project • Promote Round Rock as a major player, stand alone city, with valuable resources • Provid quality, mot, and detailed infotmati on for Site consultants and Corporate Realtors • Demonstrate the opportunities within to tie industries of Nanoteduiol Bio- Phatma, Bio -1T, Advanced Man Technology °> Our Approach There are several aspects to this project ftom research, writing and photograph to managing the project therefore, therefore, we a suggesting the following Milestones: y and • I ents Document images, and photographs for the web site content and whiting the • II — a w n tegration of a Contact Management Systems, a web -based application for ttadriug prosper • III — Collection of content and definition of new site structure • IV — Implementation of our Site Managetnat System • V — Expansion of Electronic Communications to promote specific information to designated audiences • VI — Definition of the next 3 years for the department Tedmology Strategies. This proposal provides an overview of our approach to this project and some of our initial As the project evolves, the Requirements Documents will be refined to s of he proj budget Our process helps you define your vision for your Web site while developing appropriate p s for the proected applications. As your technologypattney we will always deliver the highest quality of work s g to improve your internal process while expanding communication to your target audience. t Confidential Proposal for Round Rock Pabik Affairs' Business Development 3 • INTERACTIVE ensemble Define. Develop. Deliver. - Milestone I: Gathering Information and Visual Imagery Based on the described objectives and the atrtent content of the Round Rock Economic Development Web site, the focus of this first Milestone is defining the features and functionality of the new sits collecting the infosdon, images, photographs, and maps to be used on the enhanced site, and establishing a new site architecture and interface. Utilizing testing reports, information maintained by other City Departments, and generating new information are key ekments of this first Milestone. A full description of the scope of work defiaiRs the content, images, and photographs to be generated in this Milestone will be the first step and will be presented in the Requirements Document Information that has been created fot the City of Round Rock Economic Development group will be named if it is still current and reflects the cement goals. An example is the Angelou Economic presentation on Economic Indicators on March 7, 2002 mug that Round Rock should • Remain aggressive • Recognize Interdependence • Recovery based on existing Industries • Renewed growth from fumte technologies • Ia6nlband • Wireless Web • Fuel Cells • Nanotecbaologp • Bioinfmniatics Requirements Document As part of our process, we start cads project by doanneoting the finality of the site, the structure of the site (Site Atchitectare), and who will be responsible for the maintenance of information that is presented and collected utilizing our business systems. This document also establishes the business roles that maybe implemented to automate procedures and workflow. Once this document has been signed, we begin the next step of developing the interface and functionality for the new site. Content Determining where the cleated lafoanation is maintained is the first step in this process. Some information may exist in internal reports, or documents generated by outside sources. Some content may reside in other sections of die City Web Site. Establishing a protocol with existing departments on how this infomnation will be presented on tie Economic Development Web site will also be a portion of this Milestone. Collecting and coord this information is a major aspect of this Milestone, Other elements of the content are key words that will be used for searching by visitors and search descriptors of the content that hone in on the information that is ptesen � � ate the t Content will be focused for the target audiences. Creating content to direct visitors to specific th ne boon what they are seeking will make the experience quicker and more likely to lead them of Nano by c ontacting your team. Generating specific information for the target business c tedmology, Bio-Phanna, Bio -IT, Advanced Manufacturing, and ffigh Technology ompardes is one example of this approach. Providing more specific details on the community could be what another visitor is seeking. What information will be ported on the Web site will be fully defined as patt of this Milestone. Confidential Proposal for Round Rock Public Affairs, Business Development 4 if INTERACTIVE j ensemble Define. Develop. Deliver: Content that will also be under review is local press coverage such publications as the Austin American Statesman, Austin Business Journal, and Round Rock Leader. A complete list of publications will be identified doing this Milestone for continued monitoring Photographs, Maps, and Images There ate many resources with images that can be used to enhance the current Web site. Connecting to the Geographic Information System (GIS) section of the City Web site not only provides graphical images, but relevant information desired by the target audiences. Photographs of Round Rock add a visual quality to the site that allow a visitor to have a more complete experience of what it is like to be a part of the Round Rock community. Help your site visitors experience the pairs and downtown area, as well as scenic locations or relevant facilities. Aerial views of the City are also patt of the experience that can be presented through photographs. These photographs can be used to communicate the message that Rotmd Rock is a vital and thriving community ready to meet the needs of growing businesses and families. Hosting The current web site will be relocated to the new server as patt of the first Milestone. This wall simplify the implementation of the e-mail services and expedite the launching process. In addition, it will be more cost effective for us to add updates prior to the launch. Milestone II: Utilizing a Contact Management System Taking advantage of an existing Contact Management System ( CMS) or implementing our Web -based system will provide your organization with a powerful tool for collecting information from the web site and tracking the progress of each prospect Our system can also be used for many other tasks. Defining the rents for this application will determine which solution is best suited to meet the needs of your organization. The Requirements Document defines all features and functions for this part of the business system The process for mavinuring this system will also be defined during this process as well. Our innovative Contact Management System is designed to help your organization streamline communications, enhance customer service and track status of contacts. Our Contact Management System has helped many of our customers maximize their business communications by minimising time spent organizing client information. We have created the tool you need to keep track of contacts and follow up on their progress with evety communication. Our team of programmers can also modify our CMS to meet your organization's exact needs. Features • Secure access and user management • Personal action items tracking system • Multilevel searching • " Today's actions" list generated automatically at login • Powerful search capabilities • Plen'ble categorization facility to enhance searching • Projected Revenue tracking • Assign actions for others on your team. Confidential Proposal for Round Rock Public Affairs, Business Development 5 ( INTERACTIVE ) ensembl e Define. Develop. Deliver.° Benefits • Web -based so you can work from anywhere, anytime you have an Internet connection • Data is seam and backed up automatically • Simple Web -based interface takes almost no time to learn • Maintain your entire team's tasks or just yout own Milestone III: Collecting Content to the Web Site Photographs, images, and text will be collected and organized for the Economic Development Web site as Milestone III. Thee may be some items that need to be posted prior to the launch of the newly - structured Web site and we have taken that into consideration in our estimate for the project. Determining what information will be posted, where it will reside, where this information canes from and who will be responsible for maintaining this content is also part of this Milestone. Once all the new content has been collected and we have defined where it wall reside, we are also suggesting that some modifications be made to the existing site to enhance it further. _. Site Wide Modifications • All content will be spell checked • All documents will have meta tags for search engine optimization as well as for the site searching • . All links to outside web sites will be reviewed and checked to aware they are sell functional • All links to other web sites will open a new window • Navigational changes will be reviewed in Milestone I to incorporate newmateeials Confidential Proposal for Round Rock Public Affaiw, Business Devdopment 6 b 1 1 1 1 1 ) INTERACTIVE ensemble Define. Develop. Deliver. Current Architecture This is a chart of the current Economic Development Web site Ti Round rsoac °mat afeAfehlyekre aWO ... A.daaaaco,a Mmes Avaiabb Sites Cam eW emeMS aaww.. I Tama b1b aDmara n MI Herb I `°s -coed. I �PiYe I M w - tni 1- I Came 96Nvnaraac I I Sway mOr m rdly Pace Housing •aa I o>..ay PaOe R•w.a.m I Eeacatlon -en I oannnb'Peha I � 'm � .n I Saab Pile Contact Us Other Unix New Architecture The new architecture will expand based on the content collected in Milestone III, making the site more valuable and dealmle for infonnatiron to be added in the future: Since much of the content is not defined at this point we have outlined some basic strategies. Infrastructure The current foundation of information provides a great starting point for enhancing this section. Emphasis will be on t tatgehnwdeets expanding the information that encourages visitors to take action and make contact to get more details. Expanding the Available Sites is a priority. Adding photographs, images, and other information to expand the existing content will make this'an invaluable resource for Site selectors as well as other target audiences. - Operations This section also has a very solid foundation to expand and guide the visitor to take action. An example of this would be in the Taxes section by adding a rink to the contact foam so they can get more information or be contacted by your team. Information about your team maybe included in this section or a new section may be added to the main navigation. This type of modification will be Confidential Proposal for Rand Rock Public Affairs, Business Development 7 • INTERACTIVE jensemble Define. Develop. Deliver: refined during Milestone I. Adding Frequently Asked Questions could be another enhancement to this section. Community Displaying the assets of the community both with additional content and photographs will give visitors a unique opportunity to gain a sense of aII that Round Rock has to offer. Expanding the current content to add more depth to the existing information along with Turks to local resources will provide visitors with a renal location of information about the area. Other Links Cuttently, this goes directly to another City Page which is fine, however, additional links are recommended in this area. Creating a specific area on the Economic Development Web site that lists the additional rcaoutees specific to your target audience and also linking to the City page will m nimjz duplicate efforts. Contact Us An interactive fovea will be added to this section of the web site. Content can be stored in a database ot sent to an e-mail address or stored as a test file. On the new Contact Form, a visitor can specify what type of information they are looking for which will direct the request for the best response. Special packets should be created (electronic— that cm be punted) for your auger markets that can easily based b � supplied to the person or group requesting the additional information the Web- Visual Modifications The following are some samples of what will be reviewed for potential visual modification to the Web site. Home Page me borne page should be modified to maximize the real estate for communications with the target markets. Modifications will maintain a visual consistency with the City Web site design Navigation With the expansion of content, the presentation of the navigation will need to be reviewed after the architecture has been fully defined. Adding GIS Information Linking drreedy into the online GIS Interactive Map Viewers provides greater value to the tatget market Defining bow this can be integrated with the Economic Development Web site will be determined in Milestone L Photography Once the photographs have been identified, they may need to be modified for the Web site. This can be completed by our team, your team or a combination of efforts. How this process will proceed will be determined in the Requirements Document for Milestone L Confidential Proposal for Rand Rod Public Mars, Business Development 8 It is easy to understand why many organization dream of being able to easily and quicldy update the content • on their Web site. Not only can this be more cost effective, but it also means updates can happen on their schedule. Of curse, such an arrangement would only be cost effective if it didn't require an operator with i/ years of experience in various scripting and prop tmming languages to use the application. • All of our dints that need control over the content of their site find our Site Management System (SMS) powerful and simple to use. We have a base of pre-configured code that works with your Web browser to ' give you complete control aver your site If you need any customized solutions, our experienced development team will be at your disposal to build the solution you need. Our Site Management System (SMS) enables designated administrators to update content within a Web browser, requiting no other tools to manage the content. Piles can easily be uploaded to the site using cur Web -based interface, and content is updated through Web -based forts and WYSIWYG (whatyou seejs what ott raptor We i We also g� designed our c be managed by non-technical users with minimal provide on-she training a documentation. ion. Integrating our Site Management System with your design and site architectute will eliminate bad links because navigation is maintained in the database. That moms that as newinfoematioh is added to the site links will be generated by the system for consistency and erase of navigation for the end user. Our SMS is template driven making updates or modifications to the design and layout of the site more cost effective Our SMS was designed to ensure our partners have the best and most cost effective means for keeping your public presence fresh and up to date. !' INTERACTIVE lensemble Define. Develop. Deliver - Milestone IV: Integrating a Site Management System Our Site Management System coil be implemented for the Economic Development Web site, but it could be implemented at the City level. At this time, we are aatiaipating this will be launched only for the Ec onom i c Development Web site, though this can be reviewed during the fast Milestone Based on Open Source applications, out SMS does not requite additional license fees for the database of server components of the system Oat SMS has the flexib�7'ity to integrate even the most customized content . or be implemented with standard features to lower the initial investment Based on the structure of our SMS, we an install a basic version and upgrade it in Milestones with more customized features as grows and your needs expand. your business Features: • Pages or files can be added, edited, or deleted fioan within a Web browser • Navigation updates automatically when new pages are added, modified or deleted • Access to designated areas of the site can be limited based on login • Access levels an be designated to user groups or individuals • Group permissions are inherited by all users assigned to the group making huge scale user management simple • Templates are customized to meet your branding strategies • A single Web site an have multiple templates allowing different areas to have unique visual presentations Web Site Content Everything you need to maintain content and keep it updated and meaningful for your site visitors will be available at your fingertips. After logging in through the secure administrative interface, you will have Confidential Proposal to Round Rock Public Afaies, Business Development 9 1 Ti INTERACT1YE enrealbte Define. Develop. Deliver: immediate control to add, modify, preview, and delete any of the content of your Web site. The following is a short list of sites that use our SINS; • Aspyr Media — www.aspyr.com • Bulshodge - www.bulshodge.com • Commission on State Emergency Communications (911) — www.911.statetaus • ED Solutions — www.sohrtionsed.com • Let's Gel — www.letsgeleom • Keg) Austin Beautiful — wavw.keepaustinbeautifulorg • Merchant Risk Count - www.merrhantriskcainalotg • Office of public Ins v nce Counsel —ww opiestate.tr.us • Susan Combs — www:susancombs.com • Tate Austin — www tateaustin,com • Texas Economic Development Counal — wwwtezasedc cog • UniiirslifFederal Credit Union - www.ufcu.arg Milestone V: Expanding Electronic Communications EstAliahin an electronic method for commmnicating with your peimasy target market will increase the value of your Web site by using it as a tracking system. It is also a resource for your target market Utilizing email to communicate timely information to targeted groups or for those who register to get your updates will find this beneficial on several levels Allowing a visitor to register to get a copy of the updates is one method for obtaining an audience. Another method is to create a list of prospects that you want to communicate with, d them for specific types of commie it tins For ex ample, one list could be focused on a new facility is now available. This would go to the list that has indicated they ate interested in site and building updates as well as the list of potential site locators and corporate realtors. All of our systems allow a user to remove their email address from the list if they no longer want the updates. A monthly or quarterly update can have general updated information as well as specific links on the Economic Development Web site. Directing visitors to specific links can assist in the tracking of such communications. Our HTML email system is based on Web -forms that are easy to &11 out and designed specifically for each client to customize the look and fed of the communication. For those who choose to not accept HTML email, we provide the information in it text format as well. Milestone VI - Defining 3 year Technology Strategy. Defining the technology requirements for the Economic Development team for the next three years is the first part of this Milestone. The second is to review the current strategies that are and will be implemented for the City of Round Rock. Determining where there are gaps or differences is the focus of this Milestone. Understandling the specific requirements for Economic Development will help ensure that the technology needs are defined, developed, and delivered. Our team will document the Techmaloa Requirements for the Economic Development Team and work with other City staff to determine how the technology needs well be met Confidential Proposal for Round Rock Public Affairs, Business Development 10 b • OtTtMCTtV ensem ble Define. Develop.-Deliver. Hosting Services We host out servers at Mow in Austin, Texas waiving the highest levels of security available for our clients. We have state -of -the att monitoring capabilities and scattily, both physical and software based. Out security partner, Symbiot monitors our servers and alerts us to any potential security concerns before they can become a problem for our clients. We always keep our servers current to account for those exploits and limit or eliminate our exposure. Our systems are monitored 24/7/365 with multi -homed Internet architecture featuring 4 levels of redundancy for connectivity as well as back-up generators. Systems are backed up on a nighdy basis. Our hosting rates include up to 20 email accounts that can be administered by your team as well as customizable SPAM filtering and vitus warming for each e-mail account We also provide Web -based e-mail at no additional cost. E-mail administration is available through out Web -based interface by your designated administrator(s). Individuals may log into the Web -based system and modify their personal information including SPAM filtering password, and the option to forward their e-mail to another account. • Statistical Reporting • 24/7/365 Monitoring • Co- location -1 and 2 U co-location • Stared web server hosting • Database hosting • e-mail administration • • Mailing lists - with web -based administration • * HTML E -Mail RFP Requirements The following are spedfic requests ftorm the RFP for information about our capabilities, skills, and experience with projects that contain slaular requirements. We have been a Texas State certified QISV and Hub vendor since 1997. Development Experience Below we have detailed 3 Complex sites thatinclude the followingfeattues: • 30 or more dynamic pages • Integration of data from multiple sources streamlined into a singular presentation on a web site • Multiple user interface for Web -based applications • Flexible Web -based interface for managing the web site • Custom design and interface for each Web site Case Study for Texas Economic Development Council The Texas Economic Development Council (fED is an Austin- based, statewide professional association dedicated to the development of economic and employment opportunities in Texas. TEDC provides information, educational and legislative services to nearly 900 members. TEDC were keeping much of their membership database across multiple programs. They were badly decentralized and did not have an online presence. Confidential Piopwal for Round Rode Public AtE,ies, Business Development 11 1' Ik4ERACTW t r)enserrible Define. Develop. Deliver. They found a need for bringing much of their localized database of subscribers online and to implement an online presence. As the years have progressed, they have needed to create a Web interface that will allow their membership to get to exclusive information and register for training. We created a Web -lased solution that centralized their membership, made updating of their Web site si mple, and brought event registration online; replacing a manual, paper-based solution. Case Study for Bulshodge Mike BuLs has been in the real estate business fat many years, producing a monthly report that documents the status of the commercial sublease properties in Austin. Each month, he distrllnited spreadsheets to the cammeteial real -estate community, then collected, and summarized the results by hand. The process was time-consuming, labor intensive and inefficient Mr Buls soon realized that he needed a database to generate his reports, and an online presence. Ile also recognized that a Web -based system for collecting information was vital to his ability to both maintain and grow his business. During the development process, it became dear that this system needed to do more than produce reports on sublease properties, and.BulsHodge,com was born. We not only provided him. with the tools he needed to streamline processes and an improved online presence; but we also developed a comprehensive broker service for bulshodge.com. Brokets can now manage information iu the system about their listings as well as • Searle the system for other listings • Mail search results and individual listings to anyone .• Send broadcast mad to other members • Download all broker information into a file that can be brought into a spreadsheet program or PDA • Upload brochures and multimedia about their listings The system is now regarded as the one of the most powerful and easy to use broker listing systems available on the Web and will be branching out to other locations nationwide in the near future. Case Study for University Federal Credit Union UFCU is the largest locally-owned financial institution in Austin with over $400 million in assets and over 100,000 membes. It is the 11th hugest ctedit union in the United States. We've led development on their intranet, an exttanet, and two Web sites for over four years. Each new tool organizes and simplifies processes, allowing UFCU to invest more employee hours in customer service thereby increasing their profitability. Our latest project was a complete site redesign to offer an integrated Web image in support of their new branding strategy to compete with top -tier financial institutions. To dete mine the new Look and Fed Interactive Ensemble teamed with UFCU representatives to develop a visual presence focused on strong branding and ease of use. Dining the design process, we demonstrated new navigation systems and analysed each for accessibility, usability and market acceptance. Based on this analysis, a versatile drop down menu system was adopted. Every page of the site offers multiple locations to place promotional ads, Doss references, persuasive facts or practical information designed to inform members and keep them coming lad° We implemented UFCU's new site in SMS, our site management system This empowers their non - technical employes to easily update, maintain and edit their site content. Confidential Proposal for Round Rock Public Affairs, Business Development 12 Milestone Low Estimate High Estimate Milestone L Requirements Document $3,500 17,500 Milestone IF CMS $2,500 $4,500 Milestone HE Content and She Structure $2,500 $6,200 Milestone IV: SMS $7,500 $15,000 Milestone V: Communications $2,500 $6,500 Milestone VI: Plans $3,800 $4,200 Hosting — mondily $45 $85 Hosting— Annual $495 $935 • INTE RACTIVE en semble Define. Develop. Deliver. Economic Development Projects We are currently working with Commerce Economic Development welapm Corporation to create an online presence streamlining the distribution. of information with other local resources such as the Chamber and the City. Working with the Catellus Cotporation who is leading the Robert Mueller Airport Redevelopment and Reuse project we arming an online presence to enhance communication with the local community. We recently launched Phase I for the Richport Commons project for Gun Barrel City Economic Development Corporation. This first phase provides basic information for builders, investors, businesses, and the community. Technical Qualifications Some of out team nreaabets have been developing web sites since 1993. Each team member brings years of expertise in Project Management, Graphic Design and User Interface, Prognmmmg and Systems Administration. Below are some of the technologies we use in our development process. Programming Database Consuidng Graphk Web Languages Programs Services Design (Development PHP -..... ........:.. .... PostGreSQL...._.. Project Management Visual Deslgn ' Per MYSQL Online Business Flash Strategies ASP Visual Basic Python XML FileMalcer MS SQL Workflow Strategies (Animation ! Shodcwave . HTML DHTML lavaScript Data Entry Oracle Estimated Cost The following table is a preliminary estimate that will be refined in a Scope of Work document that defines what will be accomplished poor to starting each Milestone. We have provided f expected range in cost as a Side for budgetary considerations that will be relined based on the Swne of Work Tk,r,,.,,a.,. If you have specific questions about this proposal, please contact Deborah Shelby, 512- 420 -8800 or deb@iensemble.com. Confidential Proposal for Round Rock Public Affairs, Business Development 13 j INTERACTIVE ensembJe Define. Develop. Deliver This doaimeut is confidential and p op ietacy. Interactive F hle, Inc retains fall ownetship of bodi the contents and structure of this document Neither this document no tbee information contained herein may be re produced, disclosed or distributed to any person outside oldie City of Round Rock Pub& Affairs, Business Development without the prior written permission of Interactive Ensemble; Inc This proposal is valid for 30 days. Confidential Proposal for Round Rock Public Affairs, Business Development 14 `a tt INTERACTIVE l ,�ensemb l e Define. Develop. Deliver." Who We Are: What We Do: How We Do It: Why We Do It: Interactive Ensemble helps companies and organizations: Why Interactive : Ensemble: Representative Clients: - Community Involvement: Interactive Ensemble is a Web technology company specializing in professional online business solutions since 1997. Interactive Ensemble creates solutions by customizing our premiere suite of development tools to meet our clients needs. Interactive Ensemble approaches each client as a business partner to ensure the final product exceeds expectations. We guide dients through our process of defining the project requirements, developing the applications and delivering the most cost effective solutions. - .: - Create professional, functional and indispensable tools for advancing the goals of their business or community Understand the importance their Web site plays in conveying organizational values and information Generate efficiencies through advanced technologies : Expert consultation : Professional service : Custom applications : Andy Roddick Aspyr Media : CSEC (Texas 911) : ECPTOTE : ED Solutions Lammes Candies :: Golfers Against Cancer •: Keep Austin Beautiful :: Community roots, national reach :: Reliable, lasting partnerships :: Years of proven experience OPIC :: Pliant Corporation :: Priority Copy :: Susan Combs TEDC :: UFCU We know that when our community thrives, everyone wins. To that end, we have provided technological guidance and support to various non -profit and community groups such as: :: aGIJFF www.iensemble.com Certifications :: Texas State Certified Vendor :: State Certified WUB (QISV) :: Travis County Certified Vendor « Waiting with Interactive Ensemble has been the kind of partnership we've needed as a core part of our technical team. 19 - Darra Rightmar, University Federal Credit Union g 512.420.8800 8 512.420.8801 as Wo(giasemble.wm m 3 Steck Avenue. suite 200 Austin, Texas lb ® wwwie semble.com of INTERACTIVE • 'Ejerisemiole- Define. Develop. Deliver.` Economic Development in an Economic Downturn Communicating Your Community Current economic conditions have created fierce competition among cities across the country. Luring new businesses to a community has become an undertaking that requires a coordinated effort from chambers of commerce, state and local governments as well as economic development corporations (EDCs). Increasingly, local groups are also synchronizing their efforts online. As most companies will tell you, the Internet is the first place they turn for information when selecting a site for relocation or expansion. With the Internet, communities find an effective tool to coordinate their economic development initiatives. Maintaining a database of contacts, developing a communications strategy or creating a single source for important community information, the Internet can expand a community's marketing capabilities as well as provide greater efficiencies across multiple groups and organizations. When developed effectively, chambers of commerce, local community groups and EDCs can use their combined marketing and research capabilities to efficiently promote their city or region. Why interactive Ensemble At Interactive Ensemble, we understand the challenges EDCs face in meeting their community's needs while highlighting its attractive qualities. Interactive Ensemble presents online communities as a way to bridge this communication gap. We draw upon our extensive knowledge of the Web, as well as our community expertise, to deliver solutions that meet all of our clients' technology needs. The Community Connection Interactive Ensemble was built on a solid foundation of community involvement. We know that when our community thrives, everyone wins. To that end, we have provided technological guidance and support to various community groups and corporations. In addition, we understand the importance EDCs play in sustaining a community's way of life. We feel this sets us apart from other Web development companies, making Interactive Ensemble an invaluable partner in creating a custom - tailored plan with both technology and community needs in mind. About Us Interactive Ensemble is a professional Web technology company that creates professional, functional and indispensable tools for Economic Development Corporations (EDCs) to advance the goals of their communities. Founded in 1997 in Austin, Texas, Interactive Ensemble continues to build dynamic Web tools to help clients meet local, statewide and global business initiatives. www.iensemble.com Services We Provide: :: Web Sites /Intranets /Extranets E- commerce Tools :: Site Management :: Contact Management :: Survey /Polling Tools :: Event Management :: Property listings :: Custom Database Applications :: Hosting :: Email List Services « Interactive Ensemble's team is attentive to our needs, and helped us define what our audience expects. We're very excited about our new design and look forward to working with them for our future economic development solutions." / C 512.420.8800 512.420.8801 - Tom Stellman President, TIP Strategies www.tipstrategies.com hro@te.com v, 3 Steck Avenue. Suite zoo Austin, Texas 78757 wwwiaaenblacum �y INTERACTIVE • enSemble" Define. Develop. Deliver." www.iensemble.con • • • • • • The Capabilities of Interactive Ensemble Interactive Ensemble has been creating powerful web -based solutions since 1 997. We offer consulting, design, programming, content development, hosting, and an array of other services. Define the requirements Interactive Ensemble employees comprise a diverse group of dedicated individuals with a broad range of skills. By utilizing this multidisciplinary force - and supporting them with market research, competitive analysis, and strategic planning - we are able to pinpoint the precise requirements of our clients and how best to meet them: Develop the solutions Our teams balance technological and design skirl with a thorough understanding of information architecture and the user experience. One team member may be a multimedia master, another may be a hardcore programmer, and a third a dedicated usability expert, but during the development stage they are all focused on a single goal: a robust solution which meets or exceeds the requirements defined in the initial stage. We also work with our clients to extend existing brand strategies to the web, or to create entirely new strategies for the online environment. Experts at the visual presentation of information, our designers combine interface design savvy, knowledge of the web, and strategic brand analysis to deliver the best possible solution to our dients. Deliver results Our relationship with our clientele doesn't end with the site launch. In addition to hosting and maintenance options, Interactive Ensemble provides continuous support and consultation. We grow with our clients, providing them with the expertise, dedication, and raw talent to continuously meet their needs. Solutions we've implemented include: •: Web sites /Intranets /Extranets .: Database applications :: Order fulfillment systems :: Online shopping tools :: Site management tool$ :: Employee databases :: Contact Management Tools :: Web portals :: Hosting :: Mail List Services Our clients include: Aspyr Andy Roddick ECPTOTE Golfers Against Cancer Lammes Candies Office of Public Insurance Counsel Susan Combs Texas 911 (CSEC) TEDC University Federal Credit Union g 512.420.880o • 512.420.8801 inro@iensemblecom t 3 Stedc Avenue. Suite zoo Austin, Texas 7 S awrriensemble com Web Site Availability Credit Percentage 99.9 to 100% 0% 98% to 99.8% 10% 95% to 97.9% 25% 90% to 94.9% 50% 89.9% or below 100% Date: 08/28/03 Interactive Ensemble, Inc. 3215 Steck Ave, Suite 200 Austin, TX 78757 512.420.8800 Service Level Agreement — Exhibit "B" Between And City of Round Rock Interactive Ensemble, Inc. 301 West Bagdad #210 3215 Steck Ave, Suite 200 Round Rock, TX 78664 Austin, TX 78757 (512) 218 - 7094 512.420.8800 Web Site Availability Service Level Agreement for Hosting Account Services 1. Coverage; Definitions This Web Site Availability Service Level Agreement (SLA) applies to you ( "customer ") if you have ordered any of the hosting account services from Interactive Ensemble, Inc. (the "Services ") and your account is current (i.e., not past due) with Interactive Ensemble, Inc. ( "IE ") As used herein, the term "Web Site Availability" means the percentage of a particular month (based on 24 -hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties via HTI'P and HTPPS, as measured by Interactive Ensemble, Inc. 2. Service Level a. Goal: IE's goal is to achieve 100% Web Site Availability for all customers. b. Remedy: Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100 %, IE will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services: 1 3. Exceptions Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with: a. Circumstances beyond IE's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; b. failure of access circuits to the IE Network, unless such failure is caused solely by IE; c. scheduled maintenance and emergency maintenance and upgrades; d. DNS issues outside the direct control of IE; e. issues with FTP, POP, or SMTP customer access; f. false SLA breaches reported as a result of outages or errors of any IE measurement system; g. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of IE's Terms and Conditions and Acceptable Use Policy; h. DNS (Domain Name Server) Propagation. i. outages elsewhere on the Internet that hinder access to your account. IE is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. IE will guarantee only those areas considered under the control of IE: IE server links to the Internet, IE's routers, and IE's servers. 4. Credit Request and Payment Procedures In order to receive a credit, customer must make a request therefor by sending an email message to creditrequest@iensemble.com. Each request in connection with this SLA must include customer's account number (per IE's invoice) and the dates and times of the unavailability of customer's Web site 2 and must be received by IE within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by IE, credits will be applied within two billing cycles after IE's receipt of customer's credit request. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by IE and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site. Note: Credits are not refundable and can be used only towards future billing charges. 5. Scheduled Maintenance Scope Scheduled Maintenance shall mean any maintenance at the IE datacenter to which Customer's equipment is connected (a) of which Customer is notified 48 business hours in advance, and (b) that is performed during a standard maintenance window on Tuesdays and Thursdays from 1 AM to 5 AM local time of the IE datacenter to which Customer's equipment is connected. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by IE (telephone, e-mail, fax or pager). 3 • 4 + DATE: August 22, 2003 SUBJECT: City Council Meeting - August 28, 2003 ITEM: 10.A.1. Consider a resolution authorizing the Mayor to execute a Consulting Agreement with Interactive Ensemble, Inc. for Web Site Programming, Design, Licensing, and Hosting. Resource: Nancy Yawn, Business Development /Public Affairs History: Funding Cost: See attached range Source of Funds: 2002 -2003 Economic Development Budget Outside resources: N/A Impact/ Benefit: Public Comment: N/A The current economic development website, www.roundrocktex.com, was contracted to Warren Creative for design, which was one component of their marketing services. The site contains mostly static information about Round Rock's community, infrastructure and operations. The next step is needed to make this the premier Economic Development website. Our Economic Development website needs upgrading to meet current IEDC standards. These upgrades will allow the website to tie into the City's GIS system and provide contact management capabilities. This will benefit us by having our target audience utilize the site and help keep us in the evaluation process. Sponsor: Planning and Community Development Department CITY OF ROUND ROCK CONSULTING AGREEMENT WITH INTERACTIVE ENSEMBLE, INC. FOR WEB SITE PROGRAMMING, DESIGN, LICENSING, AND HOSTING THIS CONSULTING AGREEMENT for professional services for web site programming, design, licensing, and hosting ( "Agreement ") is made by and between the City of Round Rock, a Texas home rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, ( "City ") and Interactive Ensemble, Inc.( "Consultant "), whose offices are located at 3215 Steck Avenue, Suite 200, Austin, Texas 78757. RECITALS: WHEREAS, City has determined that there is a need for programming and design of the Round Rock Economic Development web site (the "Web Site "), and for licensing of Consultant's Web Site Management System to City from August 1, 2003 through August 1, 2005, and for hosting by Consultant of the Web Site on Consultant's Internet servers from August 1, 2003 through August 1, 2005 ; and WHEREAS, City desires to contract for professional services for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. 2003. The term of this Agreement shall be for twenty -four (24) months beginning from August 1, It is expressly acknowledged by and between the parties hereto that work shall begin within seven (7) calendar days of execution of this Agreement. City reserves the right to review the project at any time, including at the end of any deliverable or phase, and may elect to terminate the project with or without cause or may elect to continue with the next deliverable or phase. r PFCCSkIW\.d oA/ wORLDO%/ 4IWNOX/ CORWONU INTERACIIVE/00051B4RWPdjkg 1 1.02 PAYMENT In consideration for the professional services to be performed by Consultant, City agrees to pay Consultant a total sum of not less than Twenty -four Thousand Three Hundred Seventy and No /100 Dollars ($24,370.00) and not more than Forty -seven Thousand Eight Hundred Ten and No /100 Dollars ($47,810.00), as delineated hereafter: Milestone Milestone I: Requirements Document Milestone II: CMS Milestone III: Content and Site Structure Milestone IV: SMS Milestone V: Communications Milestone VI: Plans Hosting: Monthly Hosting: Annual Consultant's compensation for professional services shall not exceed, without written consent, the amounts indicated herein. City shall pay, strictly within the confines of the not -to- exceed sum recited herein, Consultant's professional fees for work done on behalf of City. 1.03 TERMS OF PAYMENT $3,500.00 $2,500.00 $2,500.00 $7,500.00 $2,500.00 $3,800.00 $1,080.00 ($45 x 24) $ 990.00 ($495 x 2) To receive payment, Consultant shall prepare and submit a detailed invoice to City for services rendered. If City has any dispute with work performed, then City shall notify Consultant within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Consultant shall either (a) satisfactorily re- perform the disputed services or (b) provide City with an appropriate credit. 1.04 OBJECTIVES AND SCOPE OF SERVICES Low Estimate High Estimate $24,370.00 $47,810.00 Consultant contracts to work with City to enhance the current Round Rock Economic Development Web Site so that it demonstrates the complete value of the City and surrounding areas; to improve the Web Site by expanding demographic statistics, enhancing general information about the area, and increasing the visual imagery thereon; to present focused content targeted at prospects in Nanotechnology, Bio - Pharma, Bio -IT, Advanced Manufacturing, and High Technology businesses; and to work with City staff to identify key data and present same in a professional and easy -to- access format for City's target market of Site Consultants and Corporate Realtors. Consultants agree to provide, by way of inclusion but not limitation, the following services: 2 $ 7,500.00 $ 4,500.00 $ 6,200.00 $15,000.00 $ 6,500.00 $ 4,200.00 $ 2,040.00 ($85 x 24) $ 1.870.00 ($935 x 2) MILESTONE I - GATHERING INFORMATION AND VISUAL IMAGERY ($3,500 - $7,500) Collection of information, images, and photographs for the Web Site content and writing the Requirements Document, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE II - UTILIZING A CONTACT MANAGEMENT SYSTEM ($2,500 - $4,500) Integration of a Contact Management System, a web -based application for tracking prospects and prospecting activity, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE III - COLLECTING CONTENT TO THE WEB SITE, AND SITE STRUCTURE ($2,500 - $6,200) Collection of content and definition of new site structure, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE IV - INTEGRATING A SITE MANAGEMENT SYSTEM ($7,500 - $15,000) Implementation of Consultant's Site Management System, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE V - EXPANDING ELECTRONIC COMMUNICATIONS ($2,500 - $6,500) Expansion of Electronic Communications to promote specific information to designated audiences, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. MILESTONE VI - DEFINING 3 -YEAR TECHNOLOGY STRATEGY ($3,800 - $4,200) Definition of next three years for the department Technology Strategies, all as further delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. Further, Consultant agrees to provide the following as part of the hosting sery ices: (1) Database server functionality; (2) Weekly backup of City's database; 3 (3) Periodic monitoring of the functionality of City's database; and (4) Monthly statistics displaying usage of the Web Site. HOSTING SERVICES (MONTHLY $1,080 - $2,040) (ANNUAL $990 - $1,870) Providing hosting services as delineated in Exhibit "A" attached hereto and incorporated herein for all appropriate purposes, and as governed by the Service Level Agreement labeled Exhibit `B" and attached hereto and incorporated herein for all appropriate purposes. The parties expressly agree that any work not included in or reasonably inferable from Section 1.04 herein and from Exhibits "A" and "B"attached hereto shall be considered additional work for which the parties must mutually negotiate acceptable terms for performance and payment. Any work necessitated to correct problems caused by unauthorized alterations or modifications made by City to the Web Site shall be considered additional work subject to the provisions of this paragraph. 1.05 REQUIRED REPORTS Consultant agrees to provide City with any necessary detailed final written reports, together with all information gathered during the course of the project. Additionally, Consultant agrees to provide City with any necessary oral presentations of such detailed final written reports, at City's designation and at no additional cost to City. 1.06 LIMITATION TO SCOPE OF WORK Consultant and City agree that the scope of services to be performed is generally enumerated in Section 1.04 herein. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be based solely on criteria accepted by City which maybe influenced by but not be dependent on Consultant's work. 1.07 NON - APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Consultant a written notice of termination at the end of its then current fiscal year. 1.08 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Consultant will be made within thirty (30) days of the day on which City receives the performance, supplies, 4 materials, equipment, and /or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Consultant may charge a late fee of one percent (1 %) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and Consultant conceming the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 2. The terms ofa federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 3. There is a bona fide dispute between the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 4. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 1.09 TERMINATION This Agreement may be terminated for any of the following conditions: 1. By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than sixty (60) days prior to termination. 2. By mutual agreement and consent of the parties, such agreement to be in writing. 3. By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. 4. By either party for failure by the other party to fulfill its obligations as set forth herein. 5. By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter by paid to Consultant. City shall pay Consultant for all uncontested services performed to date of notice of termination. 5 If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.10 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer - employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: 1. Consultant has the right to perform services for others during the term hereof. 2. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. 3. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. 4. Consultant or its employees or subcontractors shall perform the services required hereunder, and City shall not hire, supervise, or pay any assistants to help Consultant. 5. Neither Consultant nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. 6. City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. 7. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.11 NON - SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 6 1.12 RESPECTIVE OWNERSHIP Any graphics, data, imageware, audio material, video material, and the HTML documents and database content which are created hereunder by Consultant for use on the Web Site shall remain the sole property of City. Consultant shall remain the sole owner of all applications, interfaces, software programs or programming methodologies owned or created by Consultant hereunder and used in the development of the Web Site and Business System. 1.13 CONFIDENTIALITY Any and all programs, data, or other materials furnished by City for use by Consultant in connection with services to be performed under this Agreement shall be held in confidence by Consultant as set forth hereunder. All parties agree to hold all confidential information in the strictest confidence and not make any use thereof other than for the performance of this Agreement. Notwithstanding the foregoing, the parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accord therewith. Consultant may use portions of the completed project for publicity, marketing, or promotion only if City gives its specific express permission to do so in writing prior to Consultant making any use of same, and City shall be under no obligation whatsoever to grant such permission. 1.14 WARRANTIES Consultant warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner Consultant shall re- perform any work not in compliance with this warranty. Consultant warrants that its work will, at a minimum, comply with Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. Consultant warrants that its work will be free from defects in software design under normal use and service for the duration of this Agreement, provided that the Web Site is used on the Internet server for which it was developed. Consultant's sole and exclusive obligation, and City's sole and exclusive remedy, under this warranty is the repair or replacement, at Consultant's expense, of any defective workmanship or software covered by this warranty. Consultant shall not be liable under this warranty or otherwise for any defect caused by any unauthorized alterations or modifications made by anyone other than Consultant. THE WARRANTY GIVEN BY CONSULTANT IN THIS PARAGRAPH AND TIIE OBLIGATIONS AND LIABILITIES OF CONSULTANT UNDER THIS PARAGRAPH SHALL BE EXCLUSIVE AND ARE IN LIEU OF, AND CITY HEREBY WAIVES, ALL OTHER SIMILAR WARRANTIES, GUARANTEES, CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 7 1.15 INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result of this Agreement arising out of or in any way related to any design, data or other material of any type supplied by Consultant which are or are alleged to be (1) defamatory; or (2) infringing on a third party's property rights, including but not limited to copyright or trademark rights; or (3) are otherwise tortious or in violation of any local, state or federal statute, rule or regulation. Consultant further agrees that, upon request of City, Consultant will defend any claim or litigation brought in connection with any such design, data or other material on behalf of City, and in the name of City, and at Consultant's own expense. City agrees to hold harmless, exempt, and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result of this Agreement arising out of or in any way related to any design, data or other material of any type supplied by City which are or are alleged to be (1) defamatory; or (2) infringing on a third party's property rights, including but not limited to copyright or trademark rights; or (3) are otherwise tortious or in violation of any local, state or federal statute, rule or regulation. City further agrees that, upon request of Consultant, City will defend any claim or litigation brought in connection with any such design, data or other material on behalf of Consultant, and in the name of Consultant, and at City's own expense. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise, including without limitation damages arising from loss of the use of the Web Site, whether or not occasioned by Consultant's negligence. 1.16 ASSIGNMENT AND DELEGATION No party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 1.17 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 1. Withhold FICA from Consultant's payments or make FICA payments on its behalf; 8 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from any of Consultant's payments. If requested, City shall provide Consultant with a certificate from the Texas State Comptroller indicating that City is a non - profit corporation and not subject to State of Texas Sales and Use Tax. 1.18 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Interactive Ensemble, Inc. Deborah Shelby, President 3215 Steck Avenue, Suite 200 Austin, TX 78757 Notice to City: City of Round Rock James Nuse, City Manager 221 East Main Street Round Rock, TX 78664 AND TO: City Attomey's Office Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 9 1.19 APPLICABLE LAW The laws of the State of Texas shall govem this Agreement. Venue shall lie in Williamson County, Texas. 1.20 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including the exhibits listed below, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.21 DISPUTE RESOLUTION If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City shall select one mediator and Consultant shall select one mediator and those two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1 -14) or any applicable state arbitration statute. 1.22 ATTORNEYS FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorneys fees. 1.23 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. 10 Consultant shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information, data, documentation, or other material necessary for Consultant to perform its obligations hereunder. 1.24 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity of enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.25 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. No purchase order or other ordering document that purports to modify or supplement the printed text of this Agreement or any schedule, exhibit or addendum shall add to or vary the terms of this Agreement. All such proposed variations or additions (whether submitted by Consultant or City) are objected to and deemed material unless properly agreed to in writing. Except for contractual obligations recited herein, no party shall be liable for any failure due to causes beyond its control. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. If at any time during the term of this Agreement Consultant becomes subject to any bankruptcy or insolvency proceeding under federal or state statute, and provided that City's license payments are current, then and in that event Consultant shall provide best efforts and cooperation to ensure an orderly and efficient transition of City's system to Consultant's successor. This provision specifically includes source code and data files used to produce City's Web Site and business system. Notwithstanding anything herein to the contrary, the following sections shall survive termination of this Agreement: Sections 1.12, 1.13, 1.15, 1.19, 1.20, 1.23, and 1.24. To expedite order processing, transmitted copies are considered documents equivalent to original documents; however, City agrees to provide Consultant with one (1) fully executed original Agreement. 11 This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. CITY OF ROUND ROCK, T By: Mayor Date Signed: /> „QS -03 INTERACTIVE ENSEMBLE, INC. B J Deborah Shelby, Presiden. Date Signed: itA, I 12 ATTEST: Christine R. Martinez City Secretary Date Signed: 03 Round Rock Economic Development RFO No. 03 -014 — Economic Development Web Site r INTERACTIVE. EXHIBIT 1 f ► Define. Develop. Deliver. July17, 2003 3215Steck Ave, Suite 200 Austin, Texas 78757 phone 512.420.8800 fax 512.420.8801 info @fenseuible.com www.iensemble.com 1, • If INTERACTIVE jensemble Define. Develop. Deliver; Table of Contents Overview 3 Goals 3 Our Approach. 3 Milestone I: Gathering Information and Visual Imagery 4 Requirements Document 4 Content 4 Photographs, Maps, and Images 5 Hosting 5 Milestone II: Utilizing a Contact Management System 5 Features 5 Benefits 6 Milestone HI: Collecting Content to the Web Site 6 Site Wide Modifications 6 Current Architecture 7 New Archtlecture 7 Visual Modifications 8 Milestone PI: Integrating a Site Management System 9 Features: 9 Web Site Content 9 Milestone V: Expanding Electronic Communications 10 Milestone VI — Defining 3 year Technology Strategy 10 Hosting Services 11 RFO Remfirements. 11 Development Experience 11 Estimated Cost 13 Company Information 15 Confidential Proposal for Round Rock Public Affairs, Business Development 2 $ Define. Develop. Deliver: Overview The primary objective of this project is to enhance the current Round Rode Economic Deveiopm site in such a way that it demonstrates the t Web complete value of the city and surrounding area We intend to improve the Web site by expanding demographi statistics, enhancing general information about the area, and increasing the visual imagery. We will present focused content tatgeted Phatnsa, Bio -IT, Advanced Manufacturing and High Tedwol businesses. in NanoterLnology, Bio Enhancing the content is significant to making this a valuable resource for Site Consultants and Corporate Realtors, the principal visitors of the Web site We understand that esen ' information will direct them to, contact to the date and re at it i your team. We will work with your staff to identify key data and present it in a professional and easy to access format for your target market. One of out Economic Development Consulting partners Mark James, CEO of ED Solutions, may also consult on this project as needed. Goals Them are three main goals for this project • Promote Round Rock as a major player, stand alone city, with valuable resources • Provide quality, current and detatledmformatioar for Site consultants and Corporate Realtots • Demonstrate the opportunities within the area to the target industries of N Phatma, Bio -IT, Advanced Manufacturing and High Technology O Bio- Our Approach There are several aspects to this project from research, writing, and managing the project; therefore, we are suggesting the following Milestones: : to and • • I — Collection information, , end photographs for the web site content and writing the Document • II — Integration of a Contact Management System, a web -based application for tracking prospects Prospecting activity • ]77 — Collection of content and definition anew site structure • IV — Implementation of our Site Management System • V — Expansion of Electronic Communications to audiences s audiences P Pic information to designated • VI — Definition of the next 3 years for the department Technology Strategies. This proposal provides an overview of our approach to this project and some of our initial recommendations. As the project evolves, the Requirements Documents will be refined to maximize the results for the projected budget Our process helps you define your vision for your Web site while developing appropriate online applications. As your technology partner, we will always deliver the highest quality of work striving to improve your internal process while expanding communication to your target audience, Confidential Proposal for Round Rock Public Affairs, Business Development 3 • INTERACTIVE ensemble Define. Develop. Deliver: Milestone I: Gathering Information and Visual Imagery Based on the described objectives and the current content of the Round Rock Economic Development Web site, the focus of this first Milestone is defining the features and functionality of the new site, collecting die infornurtion, images, Photogtaphs, and maps to be used on the enhanced site, and establishing a new site architecture and interface. U l izing existing reports, information maintained by other City Departments, and generating new information are key elements of this first Milestone. A full description of the scope of work defining the content, images, and photographs to be generated in this Milestone will be the first step and will be presented in the Requirements Document. Information that has been created for the City of Round Rock Economic Development group will be utilized if it is still current and reflects the current goals. An ode is the Angelou Economic presentation on Economic Indicators on March 7, 2002 concluding that Round Rock show: • Remain agave • Recognize Interdependence • Recovery based on existing Industries • Renewed growth from flnure technologies • Infinlband • Wireless Web • Fuel Cells • Nanotecbnology • Bioinformatirs Requirements Document As part of our process, we start each project by documenting the fimctionality of the site, the structure of the site (Site Architecture), and who will be responsible for the maintenance of information that is presented and collected utilizing out business systems. This document also establishes the business roles that may be implemented to automate procedures and workflow. Once this document has been signed, we begin the next step of developing the interface and functionality for the new site. Content Determining where the desited information is maintained is the first step in this process. Some information may exist in internal reports, or documents generated by outside sources. Some content may reside in other sections of the City Web Site. Establishing a protocol with existing departments on how this information will be presented on the Economic Development Web site will also be a portion of this Milestone. Collecting and coordinating this information is a major aspect of this Milestone. Other elements of the content are key words that will be used for searching by visitors and search engines. These are the descriptots of the content that hone in on the information that is presented. Content will be focused for the target audiences. Creating oontent to direct visitors to specific information based on what they are seeking will make the experience quicker and more Rely to lead them to take action by contacting your team. Generating specific information for the target business sectors of Nano technology, ctuting and High Technology technology, Pharma, Bio-IT, Advanced Mauufa companies is one example of this approach. Providing more specific details on the community could be what another visitor is seeking. What information will be posted on the Web site will be fully defined as part of this Milestone. Confidential Proposal for Round Rack Public Affairs, Business Development 4 1• ► 1 1 1 1 1 1 1 1 1 1 1 ► j INTERACTIVE ensemble Define. Develop. Deliver; Content that will also be under review is local press coverage such publications as the Austin American Statesman, Austin Business Journal, and Round Rock Leader. A complete list of publications will be identified during this Milestone for continued monitoring. Photographs, Maps, and Images There are many resources with images that can be used to enhance the cutrent Web site. Connecting to die Geographic Information System (GIS) section of the City Web site not only provides graphical images, but relevant information desired by the target audiences. Photographs of Rwmd Rock add a visual quality to the site that allow a visitor to have a more complete experience of wbat it is like to be a part of the Round Rock community. Help your site visitors experience the parks and downtown area, as well as scenic locations or relevant facilities. Aerial views of the City are also part of the experience that can be presented through photographs. 'These photographs can be used to communicate the message that Round Rode is a viral and thriving community ready to meet the needs of growing businesses and families. Hosting The current web site will be relocated to the new server as part of the first Milestone. This will simplify the implementation of the e-mail services and expedite dm launching process. In addition, it will be more cost effective for us to add updates prior to the launch. Milestone II: Utilizing a Contact Management System Taking advantage of an existing Contact Management System (CMS) or implementing our Web -based system will provide your organization with a powerful tool for collecting information from the web site and trucking the progress of each prospect Our system can also be used for many other tasks. Defining the requirements for this application will determine which solution is best suited to meet the needs of your organization. The Requirements Document defines all features and functions for this part of the business system. The process for marimizing this system will also be defined during this process as well. Our innovative Contact Management System is designed to help your organization streamline communications, enhance customer service and track status of contacts. Our Contact Management System has helped many of our customers ma their business communications by minim time spent organizing client information. We have created the tool you need to keep track of contacts and follow up on their progress with every communication. Our team of programmes can also modify our CMS to meet pout organization's exact needs. Features • Secure access and user management • Personal action items barking system • Multi -level searching • "Today's actions" list generated automatically at login • Powerful seatch capabilities • Flexible categorization facility to enhance searching • Projected Revenue tracking • Assign actions for others on your team. Confidential Proposal for Round Rock Public Affairs, Business Development - 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' INTERACTIVE by ensemble Define. Develop. Deliver Benefits • Web -based so you can work from anywhere, anytime you Gave an Internet connection • Data is secure and backed up automatically • Simple Web -based interface takes almost no time to learn • Maintain your entire team's tasks or just your own Milestone III: Collecting Content to the Web Site Photographs, images, and text will be collected and organized for the Economic Development Web site as Milestone III. There may be some items that need to be posted prior to the launch of the newly - structured Web site and we have taken that into consideration in our estimate for the project Determining what information will be posted, where it will reside where this information comes from and who will be responsible for maintaining this content is also part of this Milestone. Once all the new content has been collected and we have defined where it will reside, we are also suggesting Mat some modifications be made to the existing site to enhance it further._ Site Wide Modifications • All content will be spell checked • All documents will have meta tags for search engine optimization as well as for the site searching • . All links to outside web sites will be reviewed and checked to ensure they are stilt functional • All links to other web sites will open a new window • Navigational changes will be reviewed in Milestone I to incorporate new materials Confidential Proposal for Round Rock Public Affairs, Business Development 6 1 1 1 1 1 1 1 1 • k1TEMCTIVE !jenset'>llble Define. Develop. diver.` Current Architecture This is a chart of the cement Economic Development Web site. Rama Rock 13) Cannusaaaecsee 261/ey 03 wereru u eeaaa..see Community anus. ensms ww Thee I I I I Sufless a�.I Meaner. - 1,0011il rT�u�ep'Ve I I NS Employers %Aram pope Comes "nal 9atiea I Saety moamvey I RaebO m I Reneafm .m Bey Pepe Education - Conway peso _on cmeuey pw Contra ti Other Una New Architecture The new architecture will expand based on the content collected in Milestone III, mating the site more valuable and flexible for information to be added in the future. Since much of the content is not defined at this point, we have outlined some basic strategies. Infrastructure The c utent foundation of information provides a great starting point for enhancing this set-don. Emphasis will be on the target markets expanding the information that encourages visitors to take action and make contact to get more details. Expanding the Available Sites is a priority. Adding photographs, images, and other information to expand the existing content will make this an invaluable resource for Site sdectors as well as other target audiences. Operations This section also has a very solid foundation to expand and guide the visitor to take action. An example of this would be in the Taxes section by adding a link to the contact form so they can get more information or be contacted by your team. Information about your team may be included in this section or a new section may be added to the main navigation. This type of modification wi71 be Confidential Proposal for Round Rock Public Affair Business Development 7 1 i 1 1 1 1 1 1 1 1 1 1 • (J INTERACTIVE Jensemble Define. Develop. Deliver: refined during Milestone L Adding Frequently Asked Questions could be another enhancement to this section. Community Displaying the assets of the community both with additional content and photographs will give visitors a u ni q ue opportunity to gain a sense of all that Round Rock has to offer. Expanding the current content to add more depth to the existing information along with links to local resources will provide visitors with a central location of information about the area. Other Links Cutrendy, this goes directly to another City Page which is fie, however, additional links are tecommended in this am Creating a specific area on the Economic Development Web site that lists the additional resources specific to your target audience and also linking to the City page will minimize duplicate efforts. Contact Us An interactive form will be added to this section of the web site Content can be stored in a database or sent to an e-mail address or stored as a text file On the new Contact Form, a visitor can specify what type of information they are looking for which will direct the request for the best response Special packets should be created (electronic— that can be printed) for your target markets that can easily be supplied to the person or group requesting the additional information through the Web- based form. Visual Modifications The following are some samples of what will be reviewed for potential visual modification to the Web site Home Page The home page should be modified to maximize the real estate for communications with the target markets. Modifications will maintain a visual consistency with the City Web site design Navigation With the expansion of content, the presentation of the navigation will need to be reviewed after the axchitectute has been fully defined Adding GIS Information Linkin directly into the online GIS Interactive Map Viewets provides greater value to the target market Defining how this can be integrated with the Economic Development Web site will be determined in Milestone L Photography Once the photographs have been identified, they may need to be modified for the Web site. This can be completed by our team, your team or a combination of efforts. How this process will proceed will be determined in the Requirements Document for Milestone L Confidential Proposal for Round Rock Public Affairs, Business Development 8 • • INTERACTIVE if Define. Develop. Deliver er Milestone IV: Integrating a Site Management System Our Site Management System will be implemented for the Economic Development Web site, but it could be implemented at the City level. At this time, we are anticipating this will be launched only for the Economic Development Web site, though this can be reviewed during the first Milestone. It is easy to understand why many organizations dream of being able to easily and quickly update the content on their Web site_ Not only can this be more cost effective, but it also means updates can happen on their schedule. Of course, such an arrangement would only be cost effective if it didn't require an operator with yeats of experience in various scripting and programming languages t use die application. r All of out clients that need control over the content of their site find our Site Management System (SMS) powerful and simple to use. We have a base of pre - configured code that works with your Web browser to • give you complete control over your site. If you need any customized solutions, our experienced development team will be at your disposal to build the solution you need. Our Site Management System (SMS) enables designated administrators to update content within a Web browser, requiring no other tools to manage the content. Wiles can easily be uploaded to the site using our Web -based interface, and content is updated through Web -based forms and WYSIWYG (whatyou see is what you got) editor. We designed our system to be managed by non- tedmical users with minimal training. We also provide on -site training and documentation. Integtatiog our Site Management System with your design and site architecture will eliminate bad links because navigation is maintained in the database. That means that as new information is added to the site links will be generated by the system for consistency and ease of navigation for the end user. Out SMS is tiunplat, driven making updates or modifications to the design and layout of the site more cost effective. Our SMS was designed to ensure our partners have the best and most cost effective means for keeping your public presence fresh and up to date. 1' Based on Open Source applications, our SMS does not require additional license fees for the database or saver components of the system. Our SMS has the Bestiality to integrate even the most customized content . or be implemented with standard features to lower the initial investment Based on the structure of our SMS, we can install a basic version and upgrade it in Milestones with more customized features as your business grows and your needs expand. Features: • Pages or files can be added, edited, or deleted from within a Web browser • Navigation updates automatically when new pages are added, modified or deleted • Access to designated areas of the site can be limited based on log in • Access levels can be designated to user groups or individuals • Group petmissions are inherited by all users assigned to the group making large scale user management simple • Templates are customized to meet your branding strategies • A single Web site can have multiple templates allowing different areas to have unique visual presentations Web Site Content Everything you need to maintain content and keep it updated and meaningful for your site visitors will be available at your fingertips. After logging in through the segue administrative interface, you will have Confidential Proposal for Round Rock Public Affairs, Business Development 9 ij INTERAC1WE ensemble Define. Develop. Deliver. immediate control to add, modify, preview, and delete any of the content of your Web site The following is a short list of sites that use our SMS: • Aspyr Media — www aspyr.com • Bulshodge - www.bulshodgecom • Commission on State Emergency Communications (911) —www 911.state.tx.us • ED Solutions — www.solutionsed.com • Lets Gel — wwwietsgeLcom • ICeep Austin Beautiful — www.keepaustinbeautifulorg • Merchant Risk Council -www.metchantriskcounalotg • Office of Public Tnenra Counsel — www.opic.state.tx.us • Susan Combs — www.susancombs.com • Tate Austin — www.tateaustin.com • Texas Economic Development Council — wwwtexasedc org • University Federal Credit Union — wwwufat.ag Milestone V: Expanding Electronic Communications Establishing an electronic method for communicating with your primary target market will increase the value of your Web site by using it as a tacCing system. It is also a resource for your target market Utilizing entail to communicate timely information to targeted groups or for those who register to get your updates will ford this beneficial on seveal levels. Allowing a visitor to register to get a copy of the updates is one method for obtaining an audience. Another method is to create a list of prospects drat you want to communicate with, categorizing them for specific types of communications. For example, one list could be focused on a new facility that is now available. Ibis would go to the list that has indicated they are interested in site and building updates as well as the list of potential site locators and corporate realtors. All of our systems allow a user to remove their email address from the list if they no longer want the updates. A monthly or quarterly update can have general updated information as well as specific links on the Economic Development Web site. Directing visitots to specific links can assist in the taddng of such commtmications. Our HTML email systetn is based on Web -forms that are easy to fill out and designed specifically for each client to customize the look and fed of the communication For those who choose to not accept HTML email, we provide the infommation in a text format as well Milestone VI - Defining 3 year Technology Strategy. Defining the technology requirements for the Economic Development team for the next three years is the fast part of this Milestone. The second is to review the current stategies that are and will be implemented for the City of Round Rock. Determining where there are gaps or differences is the focus of this Milestone. Understanding the specific requirements for Economic Development will help ensure that the technology needs are defined, developed, and delivered. Our team will document the Technology Requitements for the Economic Development Team and work with other City staff to determine how the technology needs will be met. Confidential Proposal for Round Rock Public Affairs, Business Development 10 if INTERACTIVE ensemble Define. Develop.-Deliver. 1 Hosting Services We host our servers at Inflow in Austin, Texas uti1171nE the highest levels of security available for our clients. We have state-of-the art monitoring capabilities and security, both physical and software based. Our security partner, Symbiot monitors our servers and alerts us to any potential security concerns before they can become a problem for our clients. We always keep our servers cutrent to account for those exploits and limit or eliminate our exposure. Our systems are monitored 24/7/365 with multi-homed Internet architecture featuring 4 levels of redundancy for connectivity as well as backup generators. Systems are backed up on a nightly basis - Our.hosting rates include up to 20 eLmall accounts that can be administered by your team as well as customizable SPAM filtering and virus scanning for eadr e-mail account We also provide Web -based e-mail at no additional cost. E-11:121/1 administration is available through our Web -based interface by your designated administrator(s). Individuals may log into the Web -based system and modify their personal information including SPAM filtering, password, and the option to forward their e-mail to another account. • Statistical Reporting • 24/7/365 Monitoring • Co-location -1 and 2 U co- location • Shared web server hosting • Database hosting • e-mail administration • Mailing Lists - with web -based adminisnation • HTML E-Matl RFP Requirements The following are specific requests from the RFP for information about our capabilities, ski ls, and experience with projects that contain siaular requirements. We have been a Texas State certified QISV and Hub vendor since 1997. 1 Development Experience Below we have desalted 3 Complex sites that include the following features: • 30 or more dynamic pages • Integration of data from multiple sources streamlined into a singular presentation on a web site • Multiple user interface for Web -based applications • Flexible Web -based interface for maeragng the web site • Custom design and interface for each Web site 1 Case Study for Texas Economic Development Council The Texas Economic Development Council (TEDC) is an Austin- based, statewide professional association dedicated to the development of economic and employment opportunities in Texas. ( TEDC provides information, educational and legislative services to neatly 900 members. TEDC were keeping much of their membership database ass multiple programs. They were badly ( decentralized and did not have an online presence. Confidential Proposal for Round Rock Public Affairs, Business Development 11 I ! r J itNTERACT1VE ensemble Define. Develop. Deliver. - r They found a need for bringing much of their localized database of subscribers online and to implement an online presence. As the years have progressed, they have needed to create a Web r interface that will allow their membetship to get to exclusive information and register for training. We created a Web -based solution that centralized their membership, made updating of their Web site r simple, and brought event registration online replacing a manual, paper -based solution. r Case Study for Bulshodge r Mike Buis has been in the real estate business for many years, producing a monthly report that documents the status of the commercial sublease properties in Austin. Each month, he distributed r spreadsheets to the commercial real- estate community, then collected, and summarized the results by hand. The process was time - consuming, labor intensive and inefficient Mr Buts soon realized that he needed a database to genente his reports, and an online presence. He also recognized that a Web -based system for collecting information was vital to his ability to both 0 maintain and grow his business. ' During the development process, it became dear that this system needed to do more than produce reports on sublease properties, and BulsHodge com was bon. We not only provided him with the tools he needed to streamline processes and an improved online ' presence; but we also developed a comprehensive broker service for bulshodgecom. Brokets can now manage information in the system about their listings as well as: - • Seatch the system for other listings • Mail search results and individual listings to anyone i) • Send broadcast mall to other members • Download all broker information into a file that tan be brought into a spreadsheet program or () FDA • Upload brochures and multimedia about their listings i) The system is now regarded as the one of the most powerful and easy to use broker listing systems available on the Web and will be branching out to other locations nationwide in the near future. Case Study for University Federal Credit Union UFCU is the largest locally -owned financial institution in Austin with over 1400 million* assets and over 100,000 members. It is the llth largest credit union in the United States. We 've led development on their Intranet, an martinet, and two Web sites for over four years. Each new tool organizes and simplifies processes, allowing UFCU to invest more employee hours in customer service thereby increasing their profitability. Our latest project was a complete site redesign to offer an integrated Web image in support of their new handing strategy to compete with top -tier financial institutions. To determine the new Look and Feel Interactive Ensemble teamed with UFCU representatives to develop a visual presence focused on strong branding and ease of use. During the design process, we demonstrated new navigation systems and analysed each for accessibility, usability and market acceptance. Based on this analysis, a versatile drop down menu system was adopted. Every page of the site offers multiple locations to place promotional ads, cross references, persuasive facts or practical information designed to inform members and keep them coming back. We implemented UFCU's new site in SMS, our site management system. This empowers their non- technical employees to easily update, maintain and edit their site content Confidential Proposal for Round Rock Public Affairs, Business Development 12 Milestone Low Estimate High Estimate Milestone I: Requirements Document #3,500 $7,500 Milestone II: CMS #2,500 #4,500 Milestone III: Content and Site Stmcture #2,500 $6,200 Milestone IV: SMS #7,500 315,000 Milestone V: Communications #2,500 $6 ,500 Milestone VI: Plans #3,800 #4,200 Hosting- monthly #45 #85 Hosting - Annual #495 #935 i IMTZMC11VE iensemble Define. Develop. Deliver. - Economic Development Projects We are aurentiy working with Commerce Economic Development corporation to create an online presence streamlining the distribution of information with other local resources such as the Chamber and the City. Working with the Catellus Corporation who is leading the Robert Mueller Airport Redevelopment and Reuse project, we are creating an online presence to enhance communication with the local community. We recently launched Phase I for the Richport Commons project for Gun Baird City Economic Development Corporation. This first phase provides basic information for builders, investors, businesses, and the community. Technical Qualifications Sonic of our team membets have been developing web sites since 1993. Each team member brings years of expertise in Project Management, Graphic Design and User Interface, Programming and Systems Administration. Below are some of the technologies we use in our development proc Programming Languages PHP ASP Visual Basic Python XML Database Consulting Graphic Web Prograins Services Design Development _ PostGreSQL- - Project Management Visual Design HTML W MySQL Online Business Flash DHTML Strategies MS SQL . Workflow Strategies Animation ]avaSaipt I shodcwave. Data Entry Oracle FIIeMaker 1• Estimated Cost The following table is a pteliminaty estimate that will be refined in a Scope of Work document that defines what will be accomplished prior to starting each Milestone. We have provided our expected range in cost as a guide for budgetary considerations that will be refined based on the Scope of Work Document If you have specific questions about this ptoposal, please contact Deborah Shelby, 512-420-8800 or deb@iensenrble.com. Confidential Avi3Od for Round Rock Public Affairs, Business Development 13 r O- P r I' INTERACTIVE If Define. Develop. Deliver- This document is confidential and proprietary. Interactive Ensemble Inc retains full ownership of both the contents and structure of this document Neither this document no the information contained herein may be reproduced, disclosed or distbuted to any person outside of the City of Round Rock Public Affairs, Business Development without the prior written permission of Interactive Fnsrmhie, Inc This proposal is valid for 30 days Confidential Proposal for Round Rock Public Affairs, Business Development 14 INTERACTIVE ensemble Define. Develop. Deliver." 1 -- Who We Are: What We Do: How We Do It: Why We Do It: Why Interactive :: Expert consultation Ensemble: •: Professional service Custom applications • Representative :. Clients: • Community Involvement: Interactive Ensemble is a Web technology company specializing in professional online business solutions since 1997. Interactive Ensemble creates solutions by customizing our premiere suite of development tools to meet our clients needs. Interactive Ensemble approaches each client as a business partner to ensure the final product exceeds expectations. We guide clients through our process of defining the project requirements, developing the applications and delivering the most cost effective solutions. Interactive Ensemble helps companies and organizations: •: Create professional, functional and indispensable tools for advancing the goals of their business or community : Understand the importance their Web site plays in conveying organizational values and information .: Generate efficiencies through advanced technologies Andy Roddick Aspyr Media CSEC (Texas 911) ECPTOTE ED Solutions Lammes Candies :: Community roots, national reach :: Reliable, lasting partnerships :: Years of proven experience :: oPIC :: Pliant Corporation :: Priority Copy :: Susan Combs :: TEDC UFCU We know that when our community thrives, everyone wins. To that end, we have provided technological guidance and support to various non -profit and community groups such as: : aGLIFF : Golfers Against Cancer : Keep Austin Beautiful www.iensemble.com Certifications :: Texas State Certified Vendor :: State Certified HUB (QISV) :: Travis County Certified Vendor " Working with Interactive Ensemble has been the kind of partnership we've needed as a core part of our technical team. » - Darra Rightmar, University Federal Credit Union g 512.420.8800 • 512.420.8801 • info@imsemble.com • 3 Steck Avenue. suite 200 Austin, T «as 78757 ® www.knsemble.com � • INTERACTIVE ,j ensemble - Define. Develop. Deliver." Economic Development in an Economic Downturn Communicating Your Community Current economic conditions have created fierce competition among cities across the country. Luring new businesses to a community has become an undertaking that requires a coordinated effort from chambers of commerce, state and local governments as well as economic development corporations (EDCs). Increasingly, local groups are also synchronizing their efforts online. As most companies will tell you, the Internet is the first place they turn for information when selecting a site for relocation or expansion. With the Internet, communities find an effective tool to coordinate their economic development initiatives. Maintaining a database of contacts, developing a communications strategy or creating a single source for important community information, the Internet can expand a community's marketing capabilities as well as provide greater efficiencies across multiple groups and organizations. When developed effectively, chambers of commerce, local community groups and EDCs can use their combined marketing and research capabilities to efficiently promote their city or region. Why Interactive Ensemble At Interactive Ensemble, we understand the challenges EDCs face in meeting their community's needs while highlighting its attractive qualities. Interactive Ensemble presents online communities as a way to bridge this communication gap. We draw upon our extensive knowledge of the Web, as well as our community expertise, to deliver solutions that meet all of our clients' technology needs. The Community Connection Interactive Ensemble was built on a solid foundation of community involvement. We know that when our community thrives, everyone wins. To that end, we have provided technological guidance and support to various community groups and corporations. In addition, we understand the importance EDCs play in sustaining a community's way of life. We feel this sets us apart from other Web development companies, making Interactive Ensemble an invaluable partner in creating a custom - tailored plan with both technology and community needs in mind. About Us Interactive Ensemble is a professional Web technology company that creates professional, functional and indispensable tools for Economic Development Corporations (EDCs) to advance the goals of their communities. Founded in 1997 in Austin, Texas, Interactive Ensemble continues to build dynamic Web tools to help clients meet local, statewide and global business initiatives. www.iensemble.com Services We Provide: :: Web Sites/lntranets/Extranets :: E- commerce Tools Site Management :: Contact Management :: Survey /Polling Tools :: Event Management :: Property Listings Custom, Database Applications :: Hosting :: Email List Services " Interactive Ensemble's team is attentive to our needs, and helped us define what our audience expects. We're very excited about our new design and look forward to working with them for our future economic development solutions." PP g 512.420.8800 512.420.8801 - Tom Stellman President, TIP Strategies www.tipstrategies.com info@iensemble.com 3215 Steck Avenue. Suite 200 Aussstin, T'' 7 t *new ieissembie.com INTERACTIVE • ensemble Define. Develop. Deliver.` The Capabilities of Interactive Ensemble Interactive Ensemble has been creating powerful web -based solutions since 1997. We offer consulting, design, programming, content development, hosting, and an array of other services. Define the requirements Interactive Ensemble employees comprise a diverse group of dedicated individuals with a broad range of skills. By utilizing this multidisciplinary force - and supporting them with market research, competitive analysis, . and strategic planning - we are able to pinpoint the precise requirements of our clients and how best to meet them. Develop the solutions Our teams balance technological and design skill with a thorough understanding of information architecture and the user experience. One team member may be a multimedia master, another may be a hardcore programmer, and a third a dedicated usability expert, but during the development stage they are all focused on a single goal: a robust solution which meets or exceeds the requirements defined in the initial stage. We also work with our clients to extend existing brand strategies to the web, or to create entirely new strategies for the online environment. Experts at the visual presentation of information, our designers combine interface design savvy, knowledge of the web, and strategic brand analysis to deliver the best possible solution to our clients. Deliver results Our relationship with our clientele doesn't end with the site launch. In addition to hosting and maintenance options, Interactive Ensemble provides continuous support and consultation. We grow with our dients, providing them with the expertise, dedication, and raw talent to continuously meet their needs. www.iensemble.con Solutions we've implemented include: • : Web sites /Intranets /Extranets :: Database applications :: Order fulfillment systems :: Online shopping tools • : Site management tools Employee databases Contact Management Tools :: Web portals Hosting :: Mail List Services Our clients include: TEDC Aspyr Andy Roddick ECPTOTE Golfers Against Cancer Lammes Candies Office of Public Insurance Counsel Susan Combs Texas 911 (CSEC) University Federal Credit Union {l 512.420.8800 8 512.420.8801 m(o@lensemble.com 11 3zi5 Std Avenue. Suite zoo Austin, Texas 7 5 WWu,.iensembte.com Web Site Availability Credit Percentage 99.9 to 100% 0% 98% to 99.8% 10% 95% to 97.9% 25% 90% to 94.9% 50% 89.9% or below 100% Date: 08/28/03 Interactive Ensemble, Inc. 3215 Steck Ave, Suite 200 Austin, TX 78757 512.420.8800 Service Level Agreement — Exhibit `B" Between And City of Round Rock Interactive Ensemble, Inc. 301 West Bagdad 9210 3215 Steck Ave, Suite 200 Round Rock, TX 78664 Austin, TX 78757 (512) 218 -7094 512.420.8800 Web Site Availability Service Level Agreement for Hosting Account Services 1. Coverage; Definitions This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the hosting account services from Interactive Ensemble, Inc. (the "Services ") and your account is current (i.e., not past due) with Interactive Ensemble, Inc. ( "IE ") As used herein, the term "Web Site Availability" means the percentage of a particular month (based on 24 -hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties via HTTP and HTTPS, as measured by Interactive Ensemble, Inc. 2. Service Level a. Goal: IE's goal is to achieve 100% Web Site Availability for all customers. b. Remedy: Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100 %, IE will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services: 1 3. Exceptions Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with: a. Circumstances beyond IE's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; b. failure of access circuits to the IE Network, unless such failure is caused solely by IE; c. scheduled maintenance and emergency maintenance and upgrades; d. DNS issues outside the direct control of IE; e. issues with FTP, POP, or SMTP customer access; f. false SLA breaches reported as a result of outages or errors of any IE measurement system; g. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of IE's Terms and Conditions and Acceptable Use Policy; h. DNS (Domain Name Server) Propagation. i. outages elsewhere on the Internet that hinder access to your account. IE is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. IE will guarantee only those areas considered under the control of IE: IE server links to the Internet, IE's routers, and IE's servers. 4. Credit Request and Payment Procedures In order to receive a credit, customer must make a request therefor by sending an email message to creditrequest@iensemble.com. Each request in connection with this SLA must include customer's account number (per IE's invoice) and the dates and times of the unavailability of customer's Web site 2 and must be received by IE within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by IE, credits will be applied within two billing cycles after IE's receipt of customer's credit request. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by IE and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site. Note: Credits are not refundable and can be used only towards future billing charges. 5. Scheduled Maintenance Scope Scheduled Maintenance shall mean any maintenance at the IE datacenter to which Customer's equipment is connected (a) of which Customer is notified 48 business hours in advance, and (b) that is performed during a standard maintenance window on Tuesdays and Thursdays from 1 AM to 5 AM local time of the IE datacenter to which Customer's equipment is connected. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by IE (telephone, e-mail, fax or pager). 3 Mayor N le Maxwell Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pin Scot Knight Scott Rhode Gary Coe City Manager James R. Nuse. P.E. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. September 8, 2003 Ms. Deborah Shelby Interactive Ensemble, Inc. 3215 Steck Avenue, Suite 200 Austin, TX 78757 Dear Ms. Shelby: The Round Rock City Council approved Resolution No. R- 03- 08 -28- 10A1 at their regularly scheduled meeting on August 28, 2003. This Resolution approves a Consulting Agreement for Web Site Programming, Design, Licensing, and Hosting. Enclosed is a copy of the Resolution and original agreement for your files. If you have any questions, please do not hesitate to contact Nancy Yawn at 218 -7094. Sincerely, Sherri Monroe Assistant City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept.. 221 East Main Street • Round Rock, Texas 78664 Phone: 512.218.5400 • Fax. 512.218.7097 • www.ci.round- rock.tx.us