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HomeMy WebLinkAbout2020 Ordinance No. 008BY AUTHORITY ORDINANCE NO. 8 COUNCIL BILL NO. 09 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AUTHORIZING A MUTUAL AID AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the approval of this Agreement will provide alternative work sites to perform Information Technology Services in the event of an emergency; WHEREAS, in 2017 the City of Englewood experienced a ransomware attack; WHEREAS, the City of Englewood turned to the City and County of Denver for assistance in its recovery efforts; WHEREAS, since 2017 Englewood and Denver have worked together to establish a mutual aid system in the event of another cyberattack on their respective IT. systems; WHEREAS, the purpose of the this Agreement is to memorialize the respective duties of each party in the event of a cyberattack on either the City of Englewood or City and County of Denver; WHEREAS, the Agreement requires no fiscal expenditures by either party, the mutual aid is in the way of providing physical office space with tables and chairs for up to sixty (60) people, electrical power and guest wireless internet access to connect to the respective parties virtual private network (VPN); and WHEREAS, by the approval of this Ordinance the City Council of the City of Englewood authorizes an Mutual Aid Agreement with the City and County of Denver for the purpose of providing assistance to the Parties in the event of an information technology emergency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Mutual Aid Agreement attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor and City Clerk are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 18" day of February, 2020. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 2011 day of February, 2020. Published as a Bill for an Ordinance on the City's official website beginning on the 1911 day of February, 2020 for thirty (30) days. Read by Title and passed on final reading on the 2"d day of March, 2020. Published by Title in the City's official newspaper as Ordinance No.8, Series of 2020, on the 5th day of March, 2020 Published by title on the City's official website beginning on the 4th day of March, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, M ATTEST: /1 Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 8, Series of 2020. teph 'e Carlile 313/2020 DRAFT DEN-ENG Mutual Aid TS V5 MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT, is dated this day of , 2020, by and among the CITY OF ENGLEWOOD ("Englewood") and the CITY AND COUNTY OF DENVER ("Denver"). WITNESETH WHEREAS, pursuant to Article XI, Section 18 of the Colorado Constitution and Section 29-1-203, et seq., C.R.S., as amended, the parties may cooperate and contract with one another to provide any lawful government function or service; and WHEREAS, Denver and Englewood are concerned with the adverse effects on their daily information technology operations in the event of an emergency including, but not limited to, cyberattacks, hardware and network failure or malfunction, loss of electricity or access to work site facilities, or destruction of hardware or facility services; and WHEREAS, Denver and Englewood seek alternative work site facilities to perform Information Technology Services in the event of an emergency; and WHEREAS, Denver and Englewood are able and willing to aid each other with Information Technology Services in emergency situations and testing of either emergency plans or procedures; and NOW, THEREFORE, in consideration of the mutual agreements and promises herein contained, and subject to the terms and conditions hereinafter stated, Englewood and Denver understand and agree as follows: 1. PURPOSE AND SCOPE OF AGREEMENT: The purpose of this Agreement is to memorialize the parties' understandings between the City of Englewood and the City and County of Denver to provide services and facilities to each other during emergency events which impact their respective information technology services. _ 2. DUTIES OF ENGLEWOOD: The City of Englewood agrees to provide the following to Denver: a. Physical office space with tables and chairs to accommodate up to sixty (60) people; space to be contiguous or comprised of multiple conference rooms. i. Proposed location: Civic Center, 1000 Englewood Parkway, Englewood, CO 80110, or other mutually agreed upon location. b. Electrical power and guest wireless internet access (Wi-Fi) to accommodate up to sixty (60) people; power and access to be adequate for laptops and other wireless devices and for connecting to Denver's virtual private network (VPN). https:/Ienglewoodgov.civicweb.net/filepro/documents/81692?preview=83753 1/8 3/3/2020 DRAFT DEN-ENG Mutual Aid TS V5 C. At least four (4) hours advance notice when requesting emergency facility services. 3. DUTIES OF DENVER: The City and County of Denver agrees to provide the following to Englewood a. Physical office space with tables and chairs to accommodate the Englewood Tech Services team; space to be contiguous or comprised of multiple conference rooms for up to ten (10) people. Proposed location: Webb Municipal Building, 201 West Colfax, Denver, CO 80201 or other mutually agreed upon location. b. Electrical power and guest wireless internet access (Wi-Fi) to accommodate up to ten (10) people; power and access to be adequate for laptops and other wireless devices and for connecting to Englewood's virtual private network (VPN). C. At least four (4) hours advance notice when requesting emergency facility services. 4. MUTUAL DUTIES OF THE PARTIES: procedures necessary to perform duties of including but not limited to: a. Communication plans b. Activation procedures C. Demobilization plans d. Procedure testing plans Develop and promulgate all this Mutual Aid Agreement, 5. TERM OF THE AGREEMENT: This Agreement shall be effective upon mutual execution and shall be in effect for a period of five (5) years. 6. RENEWAL OF THE AGREEMENT: This Agreement may be renewed for five (5) additional years at the end of the current period. All renewals must be in writing and executed. Each party reserves the right to elect not to renew the agreement after expiration of the current term. If either party intends not to renew the Agreement it shall give notice of such intent at least thirty (30) days prior to expiration of the then current term of the Agreement. TABOR: The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi -fiscal year direct or indirect debt or obligation within the meaning of TABOR. 8. NOTICE: All notices concerning this Agreement shall be made: To the City and County of Denver at: David Edinger, CIO 201 W Colfax Ave https://englewoodgov.civicweb.nettfilepro/documents/81692?preview=83753 2/8 3/3/2020 DRAFT DEN-ENG Mutual Aid TS V5 Denver, CO 80202 To the City of Englewood at: Margaret Brocklander, 1000 Englewood Parkway Englewood, CO 80110 9. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance by one Party constitute or be construed to be a waiver by that Party of any breach of a term, covenant, or condition or any default which may then exist on the part of another Party. When any such breach or default shall exist it shall not impair or prejudice any right or remedy available to the non -breaching Party with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more terns, covenants, or conditions of the Agreement shall be construed as a waiver of any succeeding or other breach. 10. VENUE, GOVERNING LAW: Each and every term, condition, or covenant of this Agreement is subject to and shall be construed in accordance with the provisions of the laws of the state of Colorado and any rules and regulation enacted in conformance therewith, including any applicable federal law, municipal charter, ordinance, rule or regulation. 11. INSURANCE: Each Party may be self -insured as required by Colorado law, or may acquire insurance to insure the activities undertaken in this Agreement. The cost of any such insurance shall be home exclusively by the Party obtaining such insurance and each Party shall determine what coverage if any is required. 12. COLORADO GOVERNMENTAL IMMUNITY ACT: The Parties agree that the Parties are relying upon, and have not waived, the monetary limitations and all other rights, immunities and protection provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. 13. INDEMNIFICATION AND LIABILITY OF PARTIES: Each of the Parties shall be responsible for any and all claims, damages, liability and court awards, including costs, expenses, and attorney fees, incurred as a result of any act or omission by that Party, or its officers in connection with the subject matter of this Agreement. 14. BEST EFFORTS: The Parties agree to work diligently together and in good faith, using their best efforts to resolve any unforeseen issues and disputes, to expeditiously review and approve submittals and effect the orderly execution of the above -listed services. 15. CONFIDENTIAL INFORMATION; OPEN RECORDS: No Party shall at any time or in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm or corporation in any manner whatsoever any information concerning any matters which are not subject to public disclosure. The Parties shall comply with all applicable state laws and requirements pertaining to maintenance and disclosure of information pursuant to the Colorado Open Records Act. Such records or data may be in hardcopy, printed, digital or electronic format. htips://englewoodgov.civicweb.net/filepro/documents/81692?preview=83753 3/8 3/312020 DRAFT DEN-ENG Mutual Aid TS V5 16. PARAGRAPH HEADINGS: The captions and headings set forth in this Agreement are for convenience only, and shall not be construed so as to define or limit the terms and provisions hereof. 17. SEVERABILITY: The Parties agree that if any part, term, or provision of this Agreement is held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 18. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS: All terms, conditions and covenants of this Agreement, (including any exhibits and attachments), which, by reasonable implication, contemplate continued performance or compliance beyond the expiration or termination of this Agreement (including confidentially), shall survive such expiration or termination and shall continue to be enforceable as provided herein. 19. AGREEMENT AS COMPLETE INTEGRATION - AMENDMENTS: This Agreement is intended as the complete integration of all understandings between the Parties as to the subject matter of this Agreement. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other Agreement properly executed by the Parties. Amendments to this Agreement will become effective when approved by all Parties and executed in the same manner as this Agreement. This Agreement and any amendments shall be binding upon the Parties, their successors and assigns. 20. NO THIRD PARTY BENEFICIARY: Enforcement of the terms of the Agreement and.all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any thud person or entity. Any person or entity other than the Parties hereto receiving services or benefits pursuant to this Agreement is an incidental beneficiary only. 21. LEGAL AUTHORITY: a. Each Party assures and guarantees the others that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. b. The person signing and executing this Agreement on behalf of each Party represents that they have been fully authorized by their respective Party to execute this Agreement on its behalf and to validly and legally bind their respective Party to all the terms, performances and provisions of this Agreement. C. Each of the Parties shall have the right to either temporarily suspend or permanently terminate this Agreement, if there is a dispute as to the legal authority of the other Party or the person signing the Agreement on behalf of the other Parry to enter into this Agreement. The suspending or terminating Party shall not be obligated to pay the other Party for any https://englewoodgov.civicweb.net/flepro/documents/81692?preview=83753 4/8 3/3/2020 DRAFT DEN-ENG Mutual Aid TS V5 performance of the provisions of this Agreement after that Party has suspended or terminated this Agreement as provided in this Article. In the event of any such suspension or termination the remaining Party may elect to immediately terminate this Agreement. 22. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS: Englewood consents to the use of electronic signatures by Denver. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by Denver in the manner specified by Denver. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original 23. EXECUTION IN COUNTERPARTS: This Agreement may be executed in counterparts with separate signature pages, and all such counterparts shall constitute one Agreement. [Remainder of Page Intentionally Blank] FOR THE CITY OF ENGLEWOOD Linda Olson, Mayor Stephanie Carlile, City Clerk FOR THE CITY AND COUNTY OF DENVER https://englewoodgov.civicweb.net/fiilepro/documents/81692?preview-83753 5/8 3/3/2020 DRAFT DEN-ENG Mutual Aid TS V5 Title: Contract Control Number: TECHS-202053376-00 Contractor Name: City of Englewood IN WITNESS WHEREOF, the parties have set their hands and affixed their seals at Denver, Colorado as of: SEAL CITY AND COUNTY OF DENVER: ATTEST: By: https://englewoodgov.civicweb.netifilepro/documents/81692?preview=83753 6/8 /3/2020 DRAFT DEWENG Mutual Aid TS V5 APPROVED AS TO FORM: COUNTERSIGNED: REGISTERED AND Attorney for the City and County of Denver Lo Lo Contract Control Number: TECHS-202053376-00 Contractor Name: City of Englewood Attest: Mayor By: Name: ephanie Garble https://englewoodgov.civimeb.neVfileproldocuments/81692?preview--83753 718 3/3/2020 DRAFT DEN-ENG Mutual Aid TS V5 Title: City Clerk https://englewoodgov.civicweb.net/filepro/documents/81692?preview=83753 818