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HomeMy WebLinkAbout2014 Ordinance No. 002• • ORDINANCE NO. b_ SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER WILSON AN ORDINANCE AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF THE ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE STATEWIDE INTERNET PORTAL AUTHORITY OF THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR THE ENGLEWOOD INFORMATION TECHNOLOGY DEPARTMENf. WHEREAS, the State of Colorado -Statewide Internet Portal Authority (SIP A) provides a grant program to accelerate the adoption of electronic government services and to promote the protection for cyber security for any state or local government in Colorado; and WHEREAS, the Grant funding is available for equipment, systems, services, project planning, and implementation of products or services within the scope of the Grant parameters; and WHEREAS, the City of Englewood received grants starting with the FY-2007-Supplemental Grant to assist in the development of the disaster preparedness for the City of Englewood; and WHEREAS, the passage of this Ordinance will approve an application for the Eligible Governmental Entity Agreement Between the Statewide Internet Portal Authority of the State of Colorado by the City of Englewood, which if awarded will fund the purchase of a firewall to help protect City assets and protect against cyber attacks; and WHEREAS, the Grant stipulates that these funds for an amount not to exceed $6,500 will supplement budgeted funding from local sources and there will be no cost or savings for the City and there is no requirement for additional matching funds; and WHEREAS, there are no federal funds associated with this Grant. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an application for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of the State of Colorado and the City of Englewood, Colorado for funds not to exceed $6,500.00, attached hereto as Exhibit A. 9b H Section 2. The Director oflnfonnation Technology is hereby authorized to sign the application for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of the State of Colorado and the City of Englewood, Colorado for and on behalf of the City of Englewood. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the grant for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of the State of Colorado and the City of Englewood, Colorado upon its award by the State of Colorado. Section 4. Upon award of the application for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of the State of Colorado and the City of Englewood, Colorado the Mayor is hereby authorized to sign for and on behalf of the City of Englewood, Colorado in accepting this grant. Introduced, read in full, and passed on first reading on the 6th day of January, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of January,2014. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of January, 2014 for thirty (30) days. Read by title and passed on fi nal reading on the 2 1st day of January, 2014 . Published by title in the City's official newspaper as Ordinance No. b Series of 2014, on the 24th day of January, 2014. Published by title on the City's official website beginning on the 22nd day of January, 2014 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is~ true copy of the Ordinance passed on final reading and published by title as Ordinance No.6_, Series of 2014. ~ Loucrishia A. Ellis • ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE STATEWIDE INTERNET PORTAL AUTHORITY OF THE STATE OF COLORADO AND City of Englewood, Colorado. This Eligible Governmental Entity Agreement ("Agreement") by and between The Statewide Internet Portal Authority of the State of Colorado ("SIP A"), and City of Englewood ("EGE'') (each a "Party" and collectively "Parties"), is made and entered into on this 6th day of January, 2014. RECITALS WHEREAS, SIP A and EGE wish to enter into a cooperative agreement under which services can be provided at the discretion of both Parties; and WHEREAS, SIP A provides for the dissemination, sharing, and use of information, products, and services via the internet; and WHEREAS, neither Party is committing ftmds or required to perform services as part of this agreement; and WHEREAS, SIP A has entered into certain contracts with its contractors to operate the Portal and to provide an array of electronic information, products, and services via the internet (e.g., "Master Contract With Integration Contractor to Design, Build, Operate, Maintain and Enhance a Statewide Internet Portal Authority" (hereinafter "Master Contract") as amended, and "COPE Master Contract With Implementation Contractor to Support SaaS Collaboration, Office Productivity, & Email Solution" (hereinafter "COPE Contract")) and SIPA may enter into other contracts to expand its array of electronic information, products, and services available to EGE; and . WHEREAS, SIP A will provide applications and services to EGE pursuant to Task Orders, Statements of Work, and/or Work Orders; and WHEREAS, a Task Order, Statement of Work, and/or Work Order will be prepared for each application or service and mutually signed by SIP A and EGE; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, SIP A and EGE agree as follows: Page I of6 1300 Broadway, Suite 1101 ■ Denver, CO 80203 ■ Ph: 720-409-5634 ■ Fax: 720-409-5642 ■ sipa@cosipa.gov I ti I a + A 1. EGE shall make available to SIP A electronic information maintained and owned by EGE as is necessary to complete the agreed upon work as set forth in a Work Order, Task Order or Statement of Work. As mutually agreed upon in subsequent Work Orders, Task Orders, or corresponding Statements of Work, EGE will provide reasonable levels of support in placing online with SIP A certain EGE-owned electronic information, as mutually agreed by EGE and SIP A, with due regard to the workload and priorities of EGE and SIPA. 2. SIPA may, with the authori2.a.tion of EGE, through the Portal, make public electronic information made available to it available to the general public, including EGE's public electronic information. The Parties agree to use their best efforts to provide adequate and uninterrupted service under the terms of this Agreement. However, neither Party shall be liable for interruption of service when the same shall be due to circumstances beyond the reasonable control of either Party, its agents or employees, including but not limited to unanticipated equipment malfunction, periodic maintenance or update of the computer systems upon which such EGE electronic information reside, interruption of service due to problems with the Colorado statewide area network or due to problems with any telecommunications provider. 3. SIPA and EGE may enter into Task Orders, Purchase Orders, Statements of Work, or any agreed upon documentation under this Agreement. Task Orders, Purchase Orders, Statements of Work, or any agreed upon documentation under this Agreement, shall describe specific Services and/or Applications to be provided to EGE. EGE acknowledges that Services and/or Applications are usually offered by SIPA's contractors. Task Orders, Purchase Orders, Statements of Work, or any agreed upon documentation shall cover the purchase of goods and services from SIP A through the use of EGE funds. All Task Orders, Purchase Orders, Statements of Work, or any agreed upon documentation involving EGE funds may be approved by one or more of the following: (1) EGE's senior executive official (e.g., Executive Director, Director, Manager, Board of Commissioners), or his or her designee. Task Orders, Purchase Orders, Statements of Work, or any agreed upon documentation shall contain specific time or performance milestones for SIPA's contractor(s), timelines for completion of relevant Task Orders, Purchase Orders, Statements of Work, or any agreed upon documentation, including design specifications and other criteria relevant to the completion of applicable Task Orders, Purchase Orders, Statements of Work, or any agreed upon documentation, criteria and procedures for acceptance by EGE and remedying incomplete or inaccurate work for each phase of relevant Task Orders, Purchase Orders, Statements of Work, or any agreed upon documentation. 4. SIP A shall be responsible for the operation of, and all costs and expenses associated with, establishing and maintaining electronic access to EGE electronic information, databases or other software applications, including (but without limitation) the cost of purchasing, developing and maintaining programs used to interface with EGE software applications that provide access to EGE-owned electronic information, products, and services. EGE acknowledges SIP A may at its discretion use Contractors to perform certain obligation. EGE' s maximum financial obligation for establishing and maintaining electronic access to EGE Pagc2 of6 1300 Broadway, Suite I 101 ■ Denver, CO 80203 ■ Ph: 720-409-5634 ■ Fax: 720-409-5642 ■ sipa@cosipa.gov 4 • • • databases or other software applications shall be limited to the Agreement set forth and appropriated pursuant to each individual Work Order, Task Order, or Statements of Work. 5. Each Party shall have the right to terminate this Agreement by giving the other Party 60 days' written notice. Unless otherwise specified in such notice, this Agreement will terminate at the end of such 60-day period, and the liabilities of the Parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the Parties shall not be released from any duty to perform up to the date of termination. 6. None of the terms or conditions of this Agreement gives or allows any claim, benefit, or right of action by any third person not a party hereto. Nothing in this Agreement shall be deemed as any waiver of immunity or liability limits granted to SIP A or EGE by the Colorado Governmental Immunity Act or any similar statutory provision. 7. This Agreement (and related Task Orders, Work Orders, Statements of Work. and agreed upon documentation) constitutes the entire agreement of the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended, modified, or changed, in whole or part, only by written agreement approved by each party . 8. Neither SIPA nor its contractors have responsibility for the accuracy or completeness of the electronic information contained within EGE's databases. SIPA and its contractors shall be responsible only for the accurate and complete transmission of electronic information to and from such EGE databases, in accordance with the specifications of any EGE- owned software. For the purposes of the Colorado Open Records Act, EGE shall at all times be the custodian of records. Neither SIP A nor its contractors shall be deemed to be either the custodian of records or the custodian's agent. 9. lbis Agreement and any written amendments thereto may be executed in counterpart, each of which shall constitute an original and together, which shall constitute one and the same agreement. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Agreement. 10. Confidential information for the purpose of this Agreement is information relating to SIPA's or EGE's research, development, trade secrets, business affairs, internal operations, management procedures, and information not disclosable to the public under the Colorado Open Records Act or some other law or privilege. Confidential information does not include information lawfully obtained through third parties, which is in the public domain, or which is developed independently without reference to a Party's confidential information. Neither Party shall use or disclose, directly or indirectly, without prior written authorization, any confidential information of the other. SIP A shall use its reasonable best efforts to ensure that its contractors protect EGE confidential information from unauthorized disclosure. Notwithstanding anything Page3 of6 1300 Broadway, Suite 1101 • Denver, CO 80203 ■ Ph: 720-409-S634 ■ Fax: 720-409-S642 ■ sipa@cosipa.gov to the contrary herein, each Party acknowledges that given the subject matter of this Agreement, such Party shall not disclose confidential information of the other (whether in written or electronic form) to any third party, except as required by law or as necessary to carry out the specific purpose of this Agreement; provided, however, that if such disclosure is necessary, any third party who receives such confidential information shall also be bound by the nondisclosure provisions of this Section 12. Upon termination of this Agreement, the Parties shall return or destroy (at the other Party's request) all confidential information of the other and if such information is destroyed, each Party shall demonstrate evidence of such destruction to the other. 11. Miscellaneous Provisions A. Independent Authority. SIP A shall perform its duties hereunder as an independent authority and not as an employee of EGE. Neither SIP A nor any agent or employee of SIP A shall be deemed to be an agent or employee of EGE. SIP A and its agents shall pay when due all required employment taxes and income tax and local head tax on any monies paid by EGE pursuant to this Agreement. SIP A acknowledges that SIP A and its employees or agents are not entitled to EGE employment or unemployment benefits unless SIP A or a third party provides such benefits and that EGE does not pay for or otherwise provide such benefits. SIP A shall have no authorization, express or implied, to bind EGE to any agreements, liability, or understanding except as expressly • authorized by EGE. SIP A and its agents shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by EGE) and unemployment compensation insurance in the Agreement required by law, and shall be solely responsible for the acts of SIP A, its employees and agents. B. Non-discrimination. SIP A agrees to comply with the letter and the spirit of all applicable state and federal laws respecting illegal discrimination and unfair employment practices. C. Choice of Law. The laws of the State of Colorado ( except Colorado laws related to choice of law or conflict of law) and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. At all times during the performance of this Agreement, SIP A shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. Any legal action related to this Agreement shall be brought in either a state or federal court within the City and County of Denver, Colorado. D. Software Piracy Prohibition. No State or other public funds payable under this Agreement shall knowingly be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. SIP A hereby certifies that, for the term of this Agreement and any extensions, SIP A bas in place appropriate systems and controls to prevent such improper Page4 of6 1300 Broadway, Suite I IOI ■ Denver, CO 80203 ■ Ph: 720-409-5634 ■ Fax : 720-409-5642 ■ sipa@cosipa.gov • • use of public funds. If EGE determines that SIP A is in violation of this paragraph, EGE may exercise any remedy available at law or equity or under this Agreement, including, without limitation, immediate termination of the Agreement and any remedy consistent with United States copyright laws or applicable licensing restrictions. F. Notices. All notices required or permitted under this Agreement shall be in writing and delivered personally, by facsimile, by email or by first class certified mail, return receipt. If delivered personally, notice shall be deemed given when actually received. If delivered by facsimile or email, notice shall be deemed given upon full transmission of such notice and confirmation of receipt during regular business hours. If delivered by mail, notice shall be deemed given at the date and time indicated on the return receipt. Notices shall be delivered to: Ifto SIPA: Statewide Internet Portal Authority Attn: Briana Milligan 1300 Broadway, Suite 11010 Denver, CO 80203 Phone: (720) 409-5634 Fax: (720) 409-5642 Email: Briana@cosipa.gov Ifto EGE: City of Englewood Attn: JefIKonishi Street Address: 1000 Englewood Pkwy City, State, Zip: Englewood, Colorado 80110 Phone: 303-762-2300 Fax: Email: jkonishi@englewoodgov.org And to other address or addresses as the parties may designate in writing. G. Employee Financial Interest. The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. H. Disputes. Any failure of either Party to perform in accordance with the terms of this Agreement shall constitute a breach of the Agreement. Any dispute concerning the performance of this Agreement which cannot be resolved at the operational level shall be referred to superior management and staff designated by each Page 5 of6 1300 Broadway, Suite 1101 ■ Denver, CO 80203 ■ Ph: 720-409•5634 ■ Fax: 720-409•5642 ■ sipa@cosipa.gov Party. Failing resolution at this level, EGE may ask the SIPA Board of Directors to address the dispute. If the dispute is not resolved after reference to the SIP A Board of Directors, the Parties may use whatever procedures may be available, including but not limited to termination of the Agreement. This Agreement is entered into as of the day and year set forth above. John D. Conley, Executive Director Statewide Internet Portal Authority Name: Mayor Randy Penn Title: Mayor Entity: City of Englewood Date: ------ Date: _____ _ Page 6 of6 1300 Broadway, Suite 1101 ■ Denver, CO 80203 ■ Ph: 720-409-5634 ■ Fax: 720-409-5642 ■ sipa@cosipa.gov • 12/18113 2013 SIPA Mlcri>Grant AppllcaUon 2013 SIPA Micro-Grant Application * Required Requested Services and/or Equipment Grant request type • O SeNces 0 Equlpment @ Both If requesting services, describe the type of services. • Please write "none" if sen.foes are not being requested Professional seNces are necessary to migrate firewall policy's. If requesting equipment, provide a list of equipment needed, Including high-level specifications and price quotes, and conflnn and detail how the equipment will be maintained * Please write "none" if equipment is not being requested. 2 x Cisco ASA 5515 Firewalls $6,154.50 Equipment will be maintained by annual Cisco Smart Net Project type * @ Internal-This project would impact Internal staff and/or operations. O External-This project would Impact clients or populatlon(s) sen.ed by the requesting organization. Total grant funding amount requested and whether other flnanclal assistance Is needed to complete the project. • 12/18113 2013 SIPAMlcro-Gnrt Appllcatlon 2013 SIPA Micro-Grant Application * Required Project Description and Outcomes Problem or situation to be addressed * Please describe the problem or situation this program will address and why the organization is unable to fulfill this .need independently. Outdated firewalls. With receipt of grant funds the City will be able to redirect cost sa\1ngs to other cyber security lnltlatlws. Who Is the affected population? * General Public, Staff, Teachers, etc. , IAII City of Englewood Emil What Is the size of the affected population? * Please pro\1de a range such as 10-100 or over 5,000. jo.er1 .ooo I What key objectives does your organization aim to achieve by receiving this grant? * We will update our outdated firewalls which will ensure current Infrastructure standards \18 internet security protocols allowing us to better monitor our internet traffic and mediate any security threats . .I, Description of the Impact of the grant * Describe potential impacts of the grant in areas such as: traffic reduction, financial benefit, financial burden relief, staff time reduction, or process hours saved. Ha\1ng a new firewall in place will offset existing monitoring tools annual cost of approximately $30,000. 1':l118/13 • • 2013 SlPA Micro-Grant Application 2013 SIPA Micro-Grant Application • Required Requesting Organization and Contact Information Name of Requesting Organization • lcity of Englewood ! Organization Website * lwww.englewoodgov.org I Organization Physical Address • j1000 Englewood Parkway ! Name of single point of contact for the appllcatlon and contact Information, Including emall address, phone number, and malling address* Jeff Konishi Director, Information Technology 1000 Englewood Parkway Englewood, CO 80110 Direct: 303-762-2388 Email: jkonishi@englewoodgov.org If different from the applicant above, name of single point of contact for the project requested, and contact information Including emall address, phone number, and mailing address n/a Organization Type * O State Agency O School District O Special Purpose Authority @ Municipality O County Gowmment O Other 12/18113 2013 SIPA Micro-Grant Appllcatlon 2013 SIPA Micro-Grant Application * Required Additional Background Information If awarded Is your organization able to receive the funds? (Note this Is not applicable to cyber security assessments).* If not, or if the applicant has any doubt regarding accepting a grant, the organization must pro'.1de a plan outlined and approved by the necessary parties, including the names, email addresses, and phone numbers of those necessary parties. This plan will only be accepted as part of the application process. Yes Has your organization applied for and been awarded a grant In the past through SIPA? * 0 Yes @No Is your organization submitting more than one appllcatlon requesting a cyber security assessment or funding for services and/or equipment? • O Yes @No If your organization Is submitting more than one application, are the projects separate and distinctly different from each other?• If only submitting one application, answer N/A. O Yes 0 No @NIA If applying for more than one grant award please prioritize the multiple application forms with a short description to differentiate each. • Note: You must complete the grant application form for each request. If an entity submits more than one request per form all requests will be disqualified. If only submitting one application, answer NIA . • • • ~2/18.'13 2013 SIPA Mlcro-Grart Application 2013 SIPA Micro-Grant Application Please complete this onllne application for grant assistance from the Colorado Statewide Internet Portal Authority. Detailed information about grant criteria and qualifications can be found at www.colorado.gQM'sipa. SIPA does not sava a copy of each indi'Adual EGE's application form . If an EGE wishes to sava a copy of its application, the EGE should consider creating a separate document for the EGE's records. • Required Has the applicant read the Micro-Grant criteria provided by SIPA? * ® Yes Q No Is the applying organization a Colorado Eligible Governmental Entity?• A Colorado EGE is a State Agency, School District, Special Purpose Authority, Municipality, or County Government. ® Yes 0 No Does the applicant have a signed Eligible Governmental Entity Agreement with SIPA, and If not does the applicant certify one will be completed by the grant award date? • @ Yes Q No If grant funding Is approved, will this request Increase or enhance the adoption of e- Government cyber security Initiatives and/or a-Government services by placing more Information or services onllne? • @Yes Q No Is the project requested sustainable and does the applicant commit to making staff available for planning purposes and associated deliverables?* ® Yes Q No Is the person signing this application an Individual with authority to commit the organization? * ® Yes Q No Was "Yes" the response to each of the questions above?* @ Yes 12/1&'13 2013 SIPA Miao-Grant Appllcallon 2013 SIPA Micro-Grant Application * Required Use Certification Do you agree, by completing this application, to use any cyber security assessments or funds awarded for the purposes described In this application and that the responslbfllty for appropriate disbursement of these funds Is the organization's responslblllty? • If it is determined by SIPA or any other source that the funds ha\le been disbursed for other purposes SIPA has the right to request the return of said funds and the awarded organization shall comply with such a request. @Yes Q No I « B~ck I L Continue » J F\iw tKecl by Google Drive This form was c1e:it,!d im,rd':l 1)f C.1 ,rp.1 w.1v . Report Abuse -Terms of Service -Additiotial Terms • • 2013 SIPAMlcr~Grant Appl lcat!on 2013 SIPA Micro-Grant Application • Required Responsibility Certification Do you understand that once the grants for cyber security assessments or funds for services and/or equipment are awarded and disbursed SIPA holds no further responslblllty (flnanclal or otherwise} to the organization.* @Yes Q No Powered by Google Drive This form was created inside of Cosip<1.9ov , Report Abuse • Terms of Service • Additional Terrrs 12/18/13 2013 SIPA Micro-Grant Appllcallon 2013 SIPA Micro-Grant Application • Required Press Release Certification By selecting YES to this Item you are acknowledging and agreeing to allow SIPA to use your organization's name and related grant Information In press releases. " An organization applying for a grant must appro\-8 the use of their name for media purposes. @Yes Q No I ,. Back! I Co_nilnu~,»-J Powered by Google Drive TI1is form was .:reatocl insidn of t':n:,ipa.!Jciv Report Abuse -Terms of Service -Additional Terms • 12/18118 ,, • 2013 SIPA Micro-Gran Application 2013 SIPA Micro-Grant Application * Required Update Report Certification Does your organization agree, If awarded a grant, to submit to SIPA by July 15, 2014, a one (1) page update on how the grant has solved the problem or situation to be addressed, Impacted your organization's citizens, key objectives your organization has achieved with the grant, how the grant has aided your organization's operations, and/or the progress of the grant Implementation received through SIPA? * The grant implementation does not need to be completed by July 15, 2014, but your organization must proi.4de SIPA an update on the progress . SIPA will make available an online form for the submission of this infonnation. ® Yes QNo A:>wered by Google Drive Th is rorrn was createcl inside of Cosipa.gov. Report Abuse -Terms of Service -Additional Terms . . . . -COUNCIL COMMUNICATION Date: January 6, 2014 Agenda Item: Subject: Application for and acceptance of 11 a i grant funds from the State of Colorado Internet Portal Authority for the Englewood Information Technology Department. Initiated By: Information Technology Staff Source: Jeff Konishi, Director -Information Technology COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N/A. RECOMMENDED ACTION • The Information Technology Department requests that Council approve a bill for an ordinance authorizing the application for, and acceptance of, a grant from the Colorado State Internet Portal Authority for an amount not to exceed $6,500. These funds will be designated solely for the purchase of a firewall to help protect City assets and protect against cyber attacks. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The State of Colorado -Statewide Internet Portal Authority {SIPA) provides a grant program to accelerate the adoption of electronic government services and to promote the protection for cyber security for any state or local government in Colorado. Grant funding is available for equipment, systems, services, project planning, and implementation of products or services within the scope of the grant parameters. Grants will be awarded on February 7, 2014 FINANCIAL IMPACT The grant stipulates that these funds will supplement budgeted funding from local sources, so there will be no cost or savings for the City. There is no requirement for additional matching funds. LIST OF ATTACHMENTS Proposed Bill for an Ordinance