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Home My WebLink About2016-07-05 (Regular) Meeting Agenda Packettp.: Ei1Qlewood 1000 Englewood Pkwy -Council Chambers Englewood, CO 80110 1. Call to Order. 2. Invocation. 3 . Pledge of Allegiance . 4 . Roll Call. 5 . Consideration of Minutes of Previous Session . AGENDA Regular City Council Meeting Tuesday, July 5 , 2016 •7:30 p.m . a . Minutes from the Regular City Council Meeting of June 20, 2016. 6. Recognition of Scheduled Public Comment. The deadline to sign up to speak for Scheduled Public Comment is Wednesday , prior to the meeting , through the City Manager's Office . On ly those who meet the deadline can speak in this section . (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue . Please limit your presentation to five minutes .) a . Joe DeMoor, Englewood resident, will address Council to thank Malley Senior Center staff. b. Coween Dickerson, Englewood resident, will address Council regarding iBake and marijuana. c. Marty Fuchs , Englewood resident, will address Council regarding iBake Englewood . d. Doug Cohn, Englewood resident , will address Council regarding historic preservation . 7. Recognition of Unscheduled Public Comment. Speakers must s ign up for Unscheduled Public Comment at the beginning of the meeting . (This is an opportunity for the public to address City Council. There is an expectation that the presentat ion will be conducted in a respectful manner. Council may ask questions for clarification , but there will not be any dialogue. Please limit your presentation to three minutes . Time for unscheduled public comment may be limited to 45 minutes , and if limited , shall be continued to General Discussion .) Council Response to Public Comment. Pl eas e no te : If yo u ha ve a disability and need auxiliary aids o r services, please notify th e Gty d Englewood (303 -762-2405 ) at least 48 hours in advance o f w hen se rvi ces are needed. 8 . Communications, Proclamations , and Appointments . a. A resolution appointing Colleen Nebel from alternate to a regular seat on the Englewood Housing Authority . b. A resolution appointing Ernie Arterburn as an alternate on the Englewood Housing Authority . c . A resolution appointing Matthew Barrows to the Alliance for Commerce in Englewood . d . A resolution appointing Julie Bowden as an alternate to the Code Enforcement Advisory Comm ittee . e . A resolution appointing Klaralee Charlton to the Public Library Board. f . A resolution appointing Randall Coleman to the Planning & Zoning Commission . g. A resolution appointing Dana Foulks to the Cultura l Arts Commission . h. A resolution appointing Barbara Fout to the Code Enforcement Advisory Committee. i. A resolution reappointing Adrian Fryxell to the Code Enforcement Advisory Committee. j . A resolution appointing Scott Gilbert to the Public Library Board . k . A resolution appointing Sam Hakim to the Cultural Arts Commission . I. A resolution appointing Robert Heller to Keep Englewood Beautiful. m . A resolution reappointing Peggy Boggard-Lapp to the Code Enforcement Advisory Committee . n. A resolution appointing Andrea Manion to the Alliance for Commerce in Englewood . o . A resolution appointing Shelley Manzano to the Budget Advisory Committee . p . A resolution reappointing Christine McGroarty to the Budget Advisory Committee. q. A resolution appointing Mark Monroe to the Liquor and Medical Marijuana Licensing Authority. r . A resolution reappointing Writer Mott to the Liquor and Medical Marijuana Authority. s . A resolution appointing Brad Nixon to the Alliance for Commerce in Englewood. Pleas e no te : If y ou have a disability and need auxiliary aids or services, please notify the City ci Englewood (303-762-2405 ) at least 48 hours in adv ance of when services are needed. • 9 . 10. 11. a . b . c. a. t. A resolution reappointing Karl Onsager to the Code Enforcement Advisory Committee. u . A resolution appointing Leabeth Pohl to the Cultural Arts Commission. v. A resolution appointing William Slade as an alternate on the Englewood Urban Renewal Authority . w. A resolution appointing Jay Spaegle as an alternate to the Planning & Zoning Commission . x. A resolution appointing Bob Stephenson to Keep Englewood Beautiful. y. A resolution appointing Wesley Dean Stone to the Code Enforcement Advisory Committee . z . A resolution appointing Andy Taylor to the Board of Adjustment and Appeals. aa . A resolution reappointing Jason Whyte to the Alliance for Commerce in Englewood. Consent Agenda Items Approval of Ordinances on First Reading . Approval of Ordinances on Second Reading . Resolutions and Motions. Public Hearing Items. Ordinances, Resolutions and Motions. Approval of Ordinances on First Reading. i. Council Bill 23 -Parks, Recreation and Library staff recommends Council approve a bill for an ordinance authorizing an intergovernmental agreement for Arapahoe County Open Space grant award for Park Gateway Enhancements , Phase 11 . Staff: Open Space Manager Dave Lee ii. Council B ill 24 -Parks, Recreation and Library staff recommends Council approve a bill for an ordinance authorizing an intergovernmental agreement for Arapahoe County Open Space grant award for Rotolo Park Playground renovation. Staff: Open Space Manager Dave Lee b . Approval of Ordinances on Second Reading. c. Resolutions and Motions. Pleas e note: If yo u ha ve a disabi lity and need auxiliary aids o r services, please notify th e City cJ Engl ew o od (303-762-2405 ) at least 48 hours in advance of w hen se rvi ces are needed . • i. Staff recommends Council approve , by resolution , the Tyler Technologies contract amendment for Software as a Service (SaaS) that provides the City with installation and ongoing support for all Finance and HR related functions . This service replaces our current Oracle license/system. Staff: Finance and Administrative Services Director Kathy Rinkel ii. The IT Department recommends Council approve a motion approving a Professional Services Agreement with The Doyle Group for Information Technology Network Engineering Services . Staff: IT Director Margaret Brocklander iii. The IT Department recommends Council approve a motion approving a Professional Services Agreement with TEKsystems, Inc., for System Administration services . Staff: IT Director Margaret Brocklander iv . The Finance & Administrative Services Department recommends Council approve a motion approving an agreement for political consulting services provided by Mile High Public Affairs to include development of public relations/communications plan , provide media consulting and conduct voter surveys to determine community support of the City 's efforts in developing a ballot issue and campaign for the Safety Services building replacement. Staff: FAS Director Kathleen Rinkel 12. General Discussion . a . Mayor's Choice. b. Council Members ' Choice . 13. City Manager's Report. 14 . City Attorney's Report. 15. Adjournment. Pleas e note: If you ha ve a disability and need auxiliary aids or services, please notify the City d Englewood (303-762-2405 ) at least 48 hours in advance of when services are needed. EMC 16-6-11: -Historic Preservation . A. Purpose. This Section establishes historic areas and landmarks for the educational, cultural, and economic benefit of Englewood citizens. Due to various pressures that may result in the destruction, impairment, or alteration of historic resources that reflect elements of Englewood's cultural and architectural heritage, it will be the policy and responsibility of this Section to: 1. Preserve and protect buildings, structure, sites and areas that are reminders of past eras, events, and person(s) important in local, state or national history; which provide significant examples of architectural styles of the past; are landmarks in the history of architecture; which are unique or irreplaceable assets to the City and its neighborhoods; which provide for this and future generations examples of the physical surroundings i n which past generations lived; or which are archaeologically significant. 2. Develop and maintain the appropriate environment for such buildings, structures, sites, and areas, reflecting varied architectural styles and distinguished phases of Englewood's history. 3. Promote the public health, safety, and welfare by encouraging the protection and preservation of architecturally significant or historic structures or districts . B. Application. Any property owner wishing to have a building, structure, or district designated as architecturally or historically significant shall file an application with the City, on a form supplied by the City. C. Procedures for Designating Historic Structures, Sites, and Districts for Preservation . 1. Nominations . A nomination for designation as an historic structure, site, or district may be made by the Commission or citizen filing an application with the Commission . The fee charged shall be sufficient to cover the costs of publication, notice, recording costs, administrative costs, and other charges incurred in the course of processing the application. The application fee shall be established and thereafter amended by resolution of the Council. 2. Commission Review. a. The Commission shall schedule a public hearing on the application no more than thirty (30) days after the submission of the application . b. The Commission shall review the application for conformance with the established criteria for designation and with the purposes of the Section. c. Commission shall recommend approval, modification and approval or denial of the application . Commission may recommend conditional approval upon the execution of certain easements, covenants, or licenses . d. The final determination will be made by Council. 3. Limitation on Resubmission and Reconsideration of Proposed Designation . Whenever the Commission denies a proposed designation, no person shall submit an application that is the same or substantially the same for at least one (1) year from the effective date of the final action on the denied application. D. Criteria . 1. All Buildings, Structures, or Districts. The Commission shall use the following criteria to determine whether a · building, structure, or district has architectural or historic significance : a. Only buildings or structures which have been in existence for at least fifty (SO) years, or districts in which the majority of structures have been in existence for at least fifty (SO) years may be designated; in addition : such building, structure or district must also meet one of the following criteria : (1) A building, structure or a majority of structures within a district which has some connection to events or persons significant to the history of the City of Englewood , Arapahoe County, the State of Colorado, or the United States; or (2) A building, structure or a group of structures within a district which embodies distinguishing characteristics of an architectural type inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or (3) A building, structure or a group of structures within a district which exemplifies or reflects the broad cultural, political, economic or social history of the City of Englewood, Arapahoe County, the State of Colorado, or the United States ; or (4) Those buildings, structures or districts within the City that are listed in the National Register of Historic Places shall be construed as having local historic designation, and subject to the same provisions as any local historic building, structure or district. 2. Districts. The Commission shall use the following additional criteria to determine whether a district has architectural or historic significance: (Ord. 04-5) a. Significance is determined by applying the criteria of subsection 1, of this Section to the pattern(s) and unifying element(s). b. Nominations will not be approved unless the application contains written approval from the owners of at least two-thirds (2/3) of the properties within the district boundaries. c. Properties that do not contribute to the significance of the historic district may be included within the boundaries so long as the noncontributing elements do not noticeably detract from the district's sense of time, place, and historical development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location, and/or information potential. d. District boundaries will be defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in site type or site density as established through testing or survey. e. When districts are designated, applicable design guidelines and other appropriate restrictions may be included as part of the designation. f. The district could be exempt from the age standard if the other significant criteria are found exceptionally important. • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT July 5 , 2016 Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. Please limit your presentation to three minutes PLEASE PRINT NAME ADDRESS ~------.-------t/)j,1 bi."< (Y\et·-A--l \" J o~b+~ k"l lf t J J~(hCj..y '-f - /t'tJri< W cc l+c 1-'> '&fr S Hvr!A:, W TOPIC ( e,. ) ' J ~i-1f)4. v-f .,<.p vc.; ~ ) ''If r-f; ~-[. J r ; <-(f '1 S.j /\1 ~ .{_ J C' "-' T MK<£ AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. Please limit your presentation to three minutes PLEASE PRINT NAME ADDRESS TOPIC , • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: July 5, 2016 Sa Appointing Colleen Nebel from alternate to a regular seat on Englewood Housing Authority . Initiated By: Staff Source: PREVIOUS COUNCIL ACTION Council regularly passes resolutions appointing alternates to fill regular vacancies that occur throughout the year on Boards and Commissions. RECOMMENDED ACTION The Englewood Housing Authority recommends Council approve a resolution appointing Colleen Nebel from alternate to a regular seat on the Englewood Housing Authority. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As an alternate member on the Englewood Housing Authority, Colleen Nebel has attended 9 of the last 10 EHA meetings, with one excused absence. EHA Chair, Judy Browne, submitted a letter of recommendation stating the board unanimously supports her appointment. FINANCIAL IMPACT There is no financial impact. LIST OF ATTACHMENTS Colleen Nebel Application Letter of Recommendation from the Chair Attendance Record Alison Carney From: Sent To: info@englewoodgov.org Thursday, May 19, 2016 10:44 AM Leigh Ann Hoffhines; Alison Carney Subject City of Englewood, CO Board & Commission Application A new entry to a form/survey has been submitted. Form Name: Date&Tlme: Board & Commission Online Application 05/19/2016 10:43 AM Response#: 153 Submitter ID: 3933 IP address: 204.118.135.32 Time to complete: 47 min . , 23 sec. Survey Details Page 1 If you would like to apply for an Englewood Board or Commission, please fill out the application below. Name Home Address (Street, City, Zip) Employer Name & Address Home Phone Number Work Phone Number Cell Phone Number Email Address Colleen Nebel Not answerea How long have you lived 3 In Englewood? How long have you lived 3 at this address? Education • Please list schools, colleges, or universities attended; years attended; and areas of study or degrees conferred. Education University of Colorado Denver August 2010 -May 2012 Master's in Urban and Regional Planning Concentration in Economic Development University of Iowa August 2000 -July 2006 Bachelors of Arts Major in Philosophy • • Professional Experience -Starting from the present and proceeding to the past, please list any business, professional, or • general experience you may want City Coundl to consider. 1 • • • Professional Experience Black & Veatch Corp. October 2012 -Present Sr. Site Acquisition Spec ialist· land Services & Acquisition Group, Telecommunications Community Activities -Please list any memberships you may have In community social, civic, or other organizations that you want to be considered. Community Activities Englewood Housing Authority -Alternate Narrative Statement -Please provide a brief statement Indicating why you would like to be appointed to this board or commission. Narrative Statement I am very interested in filling the vacancy for Commissioner . I strongly believe in the work that the Englewood Housing Authority is involved in and wish to take a more active role in the organization. Board or Commission Preference Are you currently serving on a Board, Commission, or Authority? [><)Yes If so, please provide the name of the board(s): Name of Current Board: Englewood Housing Authority-Alternate Commissioner Are you applying for reappointment to your current board(s)? [><)Yes If you are a new applicant or a current board member Interested In serving on additional boards, please list the Boards or Commissions on which you might like to serve. Please indicate your preference, up to five (5) boards, with number "1" being your first choice. Board of Adjustment and Not answered Appeals Budget Advisory Not answered Committee Code Enforcement Not answered Advisory Committee Cultural Arts Commission Not answered Election Commission Not answered Firefighters' Pension Not answered Board Housing Authority Not answered Keep Englewood Not answered Beautiful Liquor & Medical Not answered Marijuana Licensing Authority Malley Center Trust Fund Not answered Non-Emergency Not answered Retirement Board 2 Parks & Recreation Commission Planning & Zoning Commission Police Officers Pension Board Not answered Not answered Not answered Public Library Board Not answered Transportatlon Advisory Not answered Committee Urban Renewal Authority Not answered Water & Sewer Board Not answered Are you a City of Englewood employee? [><]No Are you a former City of Englewood employee? [x] No If you were a City of Englewood employee, what department did you work for and what position did you hold? Department and position: Not answered Are you related to a City of Englewood employee 1 [x) No If related to a City employee, please list the employee's name(s) and relationship. Name & Relationship Not answered Please list days of the week (Monday through Thursday) when you would be unavailable to attend meetings. Not answered If you are a current Board or Commission member and are reapplying for your current position, the application deadline is Friday, Aprll 15, 2016 by 5 pm. If you are a new applicant, please complete this application and submit by Friday, May 27, 2016 by 5 pm. Council will interview applicants, by appointment, on Monday, June 13, 2016 •• Thank you, City of Englewood, co This Is an automated message generated by the Vision Content Management System'"'. Please do not reply directly to this email • 3 • • • ••• ..... '("" , I I • Inglewood Housing Authority May 19~ 2016 The Honorable Joe Jetrerson. Mayor Englewood City Council Members City of Englewood 1000 Engiewood Parkway Englewood, CO 80110 Dear Mayor Jefferson and City Council Members: This letter is written in regard to the application of Alternate Commissioner Colleen Nebel for appointment to the Board of CommiS!lioners oCtbe Englewood Housing Authority . Serving in the capacity of alternate to the Englewood Housing Authority Board since February 2, 2015. Ms. Nebel bu gained detailed knowledge of a Housing Authority and the regulatory environment in which they operate. The Englewood Housing Authority and the 8oud of C.Ornmi!ISio.nel'S recogniz.c 8nd appreciate Ms. Nebel's contributions to the discussions acd deliberations of the Board • Her Master's degree in Urban and RcgiomJ Planning, her background in housing and her experience with the busiDmlB and leasing aspcebl of site acquisition eoabte her to provide compe&ent and professional commentary on propo!t.!d projects and issues brought before the Board. Colleen has contributed insigbtfuJ. thoughtful and pertinent comments on complex proposals reprding significant Board decisio~ iocluding proposed real estate traasactions, poHcy matteB u varied as the probibltioo of marijuana use in federally subsidized buildings. building security and Englewood Housing Authority reasooable aceommodations policy. as well. as budgetary constraints. Her opinions are valued and respected by all of the Board members. As an F.nglewood Housing Authority Board Member and resident of &iglewood, she has perceptive insight into the needs and concems of our commWJity. She is an extremely valuable asset to the Board of Commissioners. The c;um:nt Board unanimou.aly supports her appointment u Commissioner of the Englewood Housing Authority Board. Thank you for your consideration. rn -~ .. -1 •. tooy BrtlWDe. Chair Englewood Housing Authority Board of Commissioners Gt --- • 3460 South Sh,tm•n Street• Suite IOI •Englewood. Colorado 80113 • Phon~: 303·761-6.200 • faic : 303·781·5503 TID R11:lc1y 1·800-659-2656 • TDD Voic~ 1-800-659-3656 web,i,c: www.englewoodhou~in9. homes1.-.d .com • Haynes, Jennifer Chair Schleiger, Jarrod Vice-Chair Bradshaw, Beverly Commissioner Browne, Judy Commissioner Vaughn, Evelyn Commissioner Grimes, Paula Commissioner Nebel, Colleen Alternate Commissioner Grimes, Paula Alternate Convnissioner Olson, Linda Ma:tQr Pro Tem & Ci!l Council liaison Yates, Steve Alternate Council liaison • Englewood Housing Authority Board of Commissioners 2015 Attendance Record I Excused I Present ~ Present I Presenl I Present I Present I Present I Present I Present I Excused I Present I I Present I Present ~ Present I Present I Present I Present I Present I Present I Present I Present I Present I I Present~~~~~~~~~~~ I Presenl I Present ~ Present I Present I Present I Present I Present I Present I Present I Present I Present I I Present I Present ~ Present I Present I Excused I Presenl I Present I Present I Present I Presenl I Present ! ~ Present ~ Present I Present I Present I Presenl I Present I Excused I Present I Present I Present I ~ Present ~ Present I Excused I Present I Present I Present I Present I Presenl I Present I Present I I Present~~~~~~~~~~~ I Presenl I Present I Present I Present I Present I Presenl I Present I Present I Excused I Excused I Present I Excused I ~~~~~~~~Present l Excused I Present I Excused I I I I l I I I I I I • 9 I 2 I 0 11 I 0 I 0 1 I 0 l 0 11 I 0 I 0 10 I 1 I 0 9 I 1 I 0 9 I 1 I 0 1 I 0 I 0 9 I 3 I 0 2 I 2 I 0 • • • RESOLUfION NO. SERIES OF 2016 A RESOLUfION RECOMMENDING COLLEEN NEBEL FOR APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Housing Authority has a commitment to provide housing to low and moderate families within the City of Englewood; and WHEREAS, there is a vacancy on the Englewood Housing Authority; and WHEREAS, Colleen Nebel was previously named as an alternate to the Englewood Housing Authority; and WHEREAS, the Mayor desires to appoint Colleen Nebel as a member of the Englewood Housing Authority; and WHEREAS, the Englewood City Council supports the Mayor's appointment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Colleen Nebel is hereby appointed to the Englewood Housing Authority for the City of Englewood. Colleen Nebel's term will be effective immediately and will expire on July 1, 2021. ADOPTED AND APPROVED this 5th day of July, 2016. AITEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of 2016 . Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION RECOMMENDING ERNIE ARTERBURN FOR APPOINTMENT AS AN ALTERNATE MEMBER TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Housing Authority has a commitment to provide housing to low and moderate income families within the City of Englewood; and WHEREAS, Ernie Arterburn has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, City Council has requested staff to send this alternate member packets for the Authority he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS, while an alternate will not be able to vote at the meetings, he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, the Mayor desires to appoint Ernie Arterburn as an alternate to the Englewood Housing Authority; and WHEREAS, the Englewood City Council supports the Mayor's appointment; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Ernie Arterburn is hereby appointed to the Englewood Housing Authority for the City of Englewood, Colorado, as an alternate member. ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING MATTHEW BARROWS TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood Committee was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood Committee; and WHEREAS, Matthew Barrows has applied to serve as a member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to appoint Matthew Barrows to Alliance for Commerce In Englewood Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: • Section 1. Matthew Barrows is hereby appointed to Alliance for Commerce In Englewood • Committee. Matthew Barrows term will be effective immediately and will expire July 1, 2017. ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING JULIE BOWDEN AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD . WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997 ; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Englewood Police Department, the Committee makes recommendations to City Council and to the City Manager or designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, Julie Bowden has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, City Council has requested staff to send this alternate member packets for the Board she will be serving on so that she can maintain an understanding of the current issues and rules ; and WHEREAS , while the alternate will not be able to vote at the meetings, she is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS , Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Section 1. The Englewood City Council hereby appoints Julie Bowden as an alternate member of the Code Enforcement Advisory Committee. Julie Bowden's terms will be effective immediately. ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING KLARALEE CHARLTON TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Public Library Board prepares and recommends to City Council a master plan for the development and maintenance of the City library system as well as policy issues; and WHEREAS, there is a vacancy on the Englewood Public Library Board; and WHEREAS, Klaralee Charlton has applied to serve as a member of the Englewood Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Klaralee Charlton is hereby appointed to the Englewood Public Library Board. Klaralee Charlton's term will be effective immediately and will expire February 1, 2020 . ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING RANDALL COLEMAN TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as capital improvements; and WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, Randall Coleman has applied to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS, the Englewood City Council desires to appoint Randall Coleman to the Englewood Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Randall Coleman is hereby appointed to the Englewood Planning and Zoning Commission. Randall Coleman's term will be effective immediately and will expire February 1, 2020 . ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST : Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING DANA FOULKS TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, the purpose of the Cultural Arts Commission is to provide planning for the development of cultural arts activities and to implement an Arts Plan; and WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; and WHEREAS, Dana Foulks has graciously applied for appointment to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to appoint Dana Foulks to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Dana Foulks is hereby appointed to the Cultural Arts Commission for the City of Englewood, Colorado. Dana Foulks term will become effective immediately and will expire July 1, 2019. ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION APPOINTING BARBARA FOUT TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS , Barbara Fout has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS , the Englewood City Council desires to appoint Barbara Fout to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1. Barbara Fout is hereby appointed to the Englewood Code Enforcement Advisory Committee. Barbara Fout's term will be effective immediately and will expire July 1, 2018. ADOPTED AND APPROVED this 5th day ofJuly, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis , City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION REAPPOINTING ADRJAN FRYXELL TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Englewood Police Department; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Adrian Fryxell has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, Adrian Fryxell 's term expired on July 1, 2016; and WHEREAS, the Englewood City Council desires to reappoint Adrian Fryxell to another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Adrian Fryxell is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Adrian Fryxell 's term will be effective immediately and will expire July 1, 2018. ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING SCOTT GILBERT TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Public Library Board prepares and recommends to City Council a master plan for the development and maintenance of the City library system as well as policy issues; and WHEREAS, there is a vacancy on the Englewood Public Library Board; and WHEREAS, Scott Gilbert has applied to serve as a member of the Englewood Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Scott Gilbert is hereby appointed to the Englewood Public Library Board. Scott Gilbert's term will be effective immediately and will expire February 1, 2019. ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING SAM HAKIM TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, the purpose of the Cultural Arts Commission is to provide planning for the development of cultural arts activities and to implement an Arts Plan; and WHEREAS , there is a vacancy on the Englewood Cultural Arts Commission; and WHEREAS, Sam Hakim has graciously applied for appointment to the Englewood Cultural Arts Commission; and WHEREAS , the Englewood City Council desires to appoint Sam Hakim to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Sam Hakim is hereby appointed to the Cultural Arts Commission for the City of Englewood, Colorado . Sam Hakim's term will become effective immediately and will expire July 1, 2017 . ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016. Loucrishia A. Ellis , City Clerk RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION APPOINTING ROBERT HELLER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Robert Heller has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Robert Heller to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Robert Heller is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Robert Heller's term will be effective immediately and will expire February 1, 2018 . ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016. Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION REAPPOINTING PEGGY BOGGARD-LAPP TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Englewood Police Department; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Peggy Boggard-Lapp has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, Peggy Boggard-Lapp's term expired on July 1, 2016; and WHEREAS, the Englewood City Council desires to reappoint Peggy Boggard-Lapp to another term . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Peggy Boggard-Lapp is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Peggy Boggard-Lapp's term will be effective immediately and will expire July 1, 2018 . ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING ANDREA MANION TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood Committee was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood Committee; and WHEREAS, Andrea Manion has applied to serve as a member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to appoint Andrea Manion to Alliance for Commerce In Englewood Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. Andrea Manion's term will be effective immediately and will expire July 1, 2018. ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis , City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING SHELLEY MANZANO AS A MEMBER OF THE BUDGET ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Budget Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 16, Series 2013; and WHEREAS, the City's finances and budget activities are important to the very essence of the City of Englewood 's community; and WHEREAS, the City Council recognizes the importance of citizen involvement in setting the scope of the budget activities in the City; and WHEREAS, Shelley Manzano has applied for appointment to the Englewood Budget Advisory Committee; and WHEREAS, there is a vacancy on the Englewood Budget Advisory Committee; and WHEREAS , the Englewood City Council desires to appoint Shelley Manzano to the Englewood Budget Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. Shelley Manzano is hereby appointed to the Englewood Budget Advisory Committee. Shelley Manzano term will be effective immediately and will expire July 1, 2019. ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No . __ , Series of 2016. Loucrishia A. Ellis , City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION REAPPOINTING CHRISTINE McGROARTY TO THE BUDGET ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Budget Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 16, Series 2013; and WHEREAS, the City's finances and budget activities are important to the very essence of the City of Englewood's community; and WHEREAS, the City Council recognizes the importance of citizen involvement in setting the scope of the budget activities in the City; and WHEREAS , Christine McGroarty is a current member of the Englewood Budget Advisory Committee; and WHEREAS, Christine McGroarty's term expired July 1, 2016; and WHEREAS, Christine McGroarty has offered to serve and has applied for reappointment to the Budget Advisory Committee; and WHEREAS, the Englewood City Council desires to reappoint Christine McGroarty to the Englewood Budget Advisory Committee . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Christine McGroarty is hereby reappointed to the Englewood Budget Advisory Committee. Christine McGroarty's term will be effective immediately and will expire July 1, 2019. ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING MARK MONROE TO THE ENGLEWOOD LOCAL LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Local Liquor and Medical Marijuana Licensing Authority has been created and has all powers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; and WHEREAS, the Local Liquor and Medical Marijuana Licensing Authority shall grant or refuse local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana; to conduct investigations as required by law; suspend, fine, restrict, or revoke such licenses; and WHEREAS, Mark Monroe desires to serve the City and has applied for appointment to the Englewood Local Liquor and Medical Marijuana Licensing Authority; and WHEREAS, there is a vacancy on the Englewood Local Liquor and Medical Marijuana Licensing Authority; and WHEREAS, the Englewood City Council desires to appoint Mark Monroe to the Englewood Local Liquor and Medical Marijuana Licensing Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Mark Monroe is hereby appointed to the Englewood Local Liquor and Medical Marijuana Licensing Authority. Mark Monroe term will be effective immediately and will expire July 1, 2019. ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION REAPPOINTING WRITER MOTT TO THE ENGLEWOOD LOCAL LIQUOR AND MEDICAL MARimANA LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Local Liquor and Medical Marijuana Licensing Authority has been created and has all powers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; and WHEREAS, the Local Liquor and Medical Marijuana Licensing Authority shall grant or refuse local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana; to conduct investigations as required by law; suspend, fine, restrict, or revoke such licenses; and WHEREAS, Writer Mott is a current member of the Englewood Local Liquor and Medical Marijuana Licensing Authority; and WHEREAS, Writer Mott's current term expired July 1, 2016; and WHEREAS, Writer Mott has offered to serve and has applied for reappointment to the Englewood Local Liquor and Medical Marijuana Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint Writer Mott to the Englewood Local Liquor and Medical Marijuana Licensing Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Writer Mott is hereby reappointed to the Englewood Local Liquor and Medical Marijuana Licensing Authority. Writer Mott's term will be effective immediately and will expire July 1, 2019. ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION APPOINTING BRAD NIXON TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Alliance For Commerce In Englewood Committee was established by the Englewood City Council with the passage of Ordinance No . 5, Series of 2001; and WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood Committee; and WHEREAS, Brad Nixon has applied to serve as a member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to appoint Brad Nixon to Alliance for Commerce In Englewood Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Brad Nixon is hereby appointed to Alliance for Commerce In Englewood Committee. Brad Nixon's term will be effective immediately and will expire July 1, 2018 . ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of2016. Loucrishia A. Ellis, City Clerk RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION REAPPOINTING KARL ONSAGER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Englewood Police Department ; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Karl Onsager has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, Karl Onsager's term expired on July 1, 2016; and WHEREAS, the Englewood City Council desires to reappoint Karl Onsager to another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Karl Onsager is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Karl Onsager's term will be effective immediately and will expire July 1, 2018. ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION APPOINTING LEABETH POHLTO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS , the purpose of the Cultural Arts Commission is to provide planning for the development of cultural arts activities and to implement an Arts Plan; and WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; and WHEREAS , Leabeth Pohl has graciously applied for appointment to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to appoint Leabeth Pohl to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Leabeth Pohl is hereby appointed to the Cultural Arts Commission for the City of Englewood, Colorado. Leabeth Pohl 's term will become effective immediately and will expire July 1, 2019. ADOPTED AND APPROVED this 5th day of July, 2016. AITEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the abov e is a true copy of Resolution No . __ , Series of 2016. Loucrishia A. Ellis, City Clerk RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION APPOINTING WILLIAM SLADE AS AN ALTERNATE MEMBER TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD . WHEREAS, the Englewood Urban Renewal Authority has the statutory authority to undertake projects which it finds necessary for the physical development of municipal land use including the improvement of areas within the City; and WHEREAS, William Slade has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, City Council has requested staff to send this alternate member packets for the Authority he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS , while the alternate will not be able to vote at the meetings, he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, the Mayor desires to appoint William Slade as an alternate member of the Englewood Urban Renewal Authority; and WHEREAS, the Englewood City Council supports the Mayor's appointment; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints William Slade as an alternate member of the Englewood Urban Renewal Authority . ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING JAY SPAEGLE AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as, capital improvements; and WHEREAS, Jay Spaegle has graciously offered to serve on the City of Englewood 's boards and commissions and currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Jay Spaegle as alternate member to the Planning and Zoning Commission; and WHEREAS, City Council has requested staff to send this alternate member packets for the Board he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS , while the alternate will not be able to vote at the meetings , he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues ; and WHEREAS , Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The Englewood City Council hereby appoints Jay Spaegle as alternate member of the Englewood Planning and Zoning Commission. ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No . __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING BOB STEPHENSON TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Bob Stephenson has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Bob Stephenson to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Bob Stephenson is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Bob Stephenson's term will be effective immediately and will expire February 1, 2018 . ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING WESLEY DEAN STONE TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, Wesley Dean Stone has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS , the Englewood City Council desires to appoint Wesley Dean Stone to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Wesley Dean Stone is hereby appointed to the Englewood Code Enforcement Advisory Committee. Wesley Dean Stone's term will be effective immediately and will expire July 1, 2018. ADOPTED AND APPROVED this 5th day of July, 2016 . ATTEST : Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No . __ , Series of 2016. Loucrishia A. Ellis, City Clerk • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION APPOINTING ANDY TAYLOR TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Board of Adjustments and Appeals has the authority to hear and determine appeals from the refusal of building permits and other decisions regarding the enforcement of the zoning regulations, to make exceptions to the zoning regulations and to authorize variances from the strict application of zoning regulations; and WHEREAS, there is a vacancy in the Englewood Board of Adjustment and Appeals; and Andy Taylor has applied to serve as a member of the Englewood Board of Adjustment and Appeals; and WHEREAS, the Englewood City Council desires to appoint Andy Taylor to the Englewood Board of Adjustment and Appeals; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Andy Taylor is hereby appointed to the Englewood Board of Adjustment and Appeals. Andy Taylor's term will be effective immediately and will expire February 1, 2019 . ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION REAPPOINTING JASON WHYTE TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood Committee was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 2001 ; and WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood City Council , focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Jason Whyte is a current member of Alliance For Commerce In Englewood Committee; and WHEREAS, Jason Whyte's term expired July 1, 2016 ; and WHEREAS, Jason Whyte has offered to serve and has applied for reappointment to the Alliance For Commerce In Englewood Committee; and WHEREAS , the Englewood City Council desires to reappoint Jason Whyte to the Alliance for Commerce in Englewood Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Jason Whyte is hereby reappointed to Alliance For Commerce in Englewood Committee. Jason Whyte's term will be effective immediately and will expire July 1, 2019 . ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016 . Loucrishia A. Ellis , City Clerk • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: July 5, 2016 11ai Bill for Ordinance authorizing an IGA for Arapahoe County Open Space grant award for Park Gateway Enhancements, Phase II Initiated By: Staff Source: Department of Parks, Recreation and Dave Lee , Open Space Manager Library PREVIOUS COUNCIL ACTION Council previously approved Resolution #38, Series of 2016 on February 1, 2016 supporting the City's grant application to Arapahoe County Open Space for Park Gateway Enhancements, Phase II. RECOMMENDED ACTION The Parks, Recreation and Library Department recommends approval of an ordinance authorizing an intergovernmental agreement between the City of Englewood and Arapahoe County for the Arapahoe County Open Space grant award in the amount of $90,900 for Park Gateway Enhancements, Phase II. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Arapahoe County Open Space notified the City of Englewood on May 25, 2016 that the Parks Gateway Enhancements Phase II grant was approved. The Parks Gateway Enhancements Phase II project will provide for long overdue replacements of 8 signs, many of which are over 50 years old, with more modern, branded designs accompanied by improved landscaping. Completion of Phase II of this project will ensure that all City of Englewood park facilities will have the same , updated signs, improving visibility for guests and enhancing the image of the City. FINANCIAL IMPACT The Arapahoe County Open Space grant of $90,900 requires a cash match of $30,300 . This amount is budgeted in the 2016 Open Space Fund which is supported entirely through Arapahoe County Shareback Funds. LIST OF ATTACHMENTS Attachment 1, Proposed Ordinance Letter, ACOS Grant Award May 24, 2016 City of Englewood Dave Lee 1155 West Oxford Avenue Englewood, CO 80110 ARAPAHOE COUNTY Pi1 0 TECT. CON N ECT. EN J O Y. Re: Englewood Parks Gateway Enhancements Phase II Standard Grant Dear Dave, Shannon Carter I C'ir e:;tor • The Arapahoe County Open Space Grant Program is pleased to inform the City of Englewood that the Spring • 2016 Englewood Parks Gateway Enhancements Phase II Standard Grant application has been approved for funding in the amount of $90,900. In the next few days you will receive an email containing instructions and next steps to processing the project award . We look forward to working with you in making this project a reality! Sincerely, ~ Lindsey Miller Grants Program Administrator Arapahoe County Open Spaces 720-874-6724 lmiller@arapahoegov.com • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE PARK GATEWAY ENHANCEMENTS PHASE II. WHEREAS, in November 2003, and November 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified Open Space purposes as set for the in County Resolution No. 030381, amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, County Resolution No. 030381 authorized the County to award grants to funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City of Englewood submitted an application for the award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City Council of the City of Englewood authorized the City's Arapahoe County Open Space Grant Application for Englewood Parks Gateway Enhancements Phase II by the passage of Resolution No. 38, 2016; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $90,900 for the Englewood Parks Gateway Enhancements Phase II ("Grant Project"); and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Englewood Parks Gateway Enhancements Phase II. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of Colorado for the Englewood Parks, attached as "Attachment 1", is hereby accepted and approved by the Englewood City Council. A copy of Exhibit A to Attachment 1 (the Grant application) is available in the Office of the Englewood City Clerk. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 5th day of July, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of July, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of July, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of July, 2016. Loucrishia A. Ellis • • • • • • INTERGOVERNMENTAL AGREEMENT REGARDING 2016 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: ENGLEWOOD PARKS GATEW.1-\ Y ENHANCEMENTS PHASE II This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee") (collectively, "Parties" and individually a "Party"). WHEREAS, on November 4, 2003, and on November 1, 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified open space purposes as set forth in County Resolution No. 030381, as amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, the Open Space Resolution authorizes the County to award discretionary grants from its Open Space Fund to municipalities and special districts, as more fully set forth therein; and WHEREAS, on May 25, 2016 the County approved the Grantee's Grant Proposal for the Englewood Gateway Enhancements Phase II ("Grant Project"), which is attached hereto and incorporated by reference herein as Exhibit A, subject to the execution of an intergovernmental agreement and subject to the terms and conditions contained herein; and WHEREAS , this intergovernmental agreement is authorized by Article XIV, Section 18 of the Colorado Constitution and COLO. R.Ev. STAT.§ 29-1-203. NOW, THEREFORE, the County and the Grantee agree as follows: 1. Amount of Grant. The County hereby awards Grantee an amount not to exceed $90,900 ("Grant Funds") for the Grant Project from the Arapahoe County Open Space Fund. 2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as described in Exhibit A. 3. Disbursement of Grant Funds. Subsequent to execution of this Agreement, the Grant Funds shall be paid via ACH transfer on a reimbursement basis upon receipt of the approved status report and documentation of expenditures as outlined in Paragraph 10 below and no more often than bi-annually. No more than 75% of the grant funds will be reimbursed prior to the Final Report approval. The final 25% of grant funds will be reimbursed following the project inspection and review and approval of the Final Report and project deliverables. 4. Time for Use of Grant Funds. The Grantee agrees that the Grant Project must begin within 60 days of the award notification. The Grantee agrees that the Grant Project will be completed and the Grant Funds will be expended by no later than A T T A c H M E N T 1 two years from the date of this fully executed Agreement, unless a longer period • of time is otherwise agreed to by the County in writing. The Grantee understands and agrees that if the Grant Project cannot be completed by the end of the agreed upon time period the County may require that the Grant Funds be refunded to the County Open Space Grant Fund, be re-distributed to another agency and/or be used for another viable and timely grant project. 5. Interest on Grant Funds. The Grantee further agrees that, after receipt of the Grant Funds, the Grantee will use any interest earned on the Grant Funds only for the Grant Project as set forth in Exhibit A. 6. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project, nor shall the County have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the awarded Grant Funds. Grantee also agrees to comply with all local, state and federal requirements while completing the Project unless specifically waived. 7. Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, at the completion of and/or after the Grant Project. 8. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the Grant Project and agrees to allow the County to do the same. If any events are planned in regards to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes. Event information, event materials and press release information related to the Grant Project must be sent to the County Grants Program Administrator for review and filing . 9. Required Sign at Project Site. The County agrees to purchase a standard sign for each grant project. Grantee agrees to pay the sign cost to the County for each grant project. Grantee agrees to erect and permanently maintain at least one sign in a publicly visible area in recognition of the Grant from the Arapahoe County Open Space Program. If the Grantee wishes to use their own sign and design, the Grantee must submit the sign location, design, and wording to the County Grants Program Administrator for approval prior to manufacture and/or installation of such sign. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is earlier. 10. Report Requirements. On or before January 3pt and July 31st annually, the Grantee agrees to provide the County with Grant Project Progress Reports that conform to the format provided by the County. Each Grant Project Progress Report shall include supporting financial documentation as requested in the form 2 • • • • • 11. 12. provided. Upon completion of the Grant Project, the Grantee also agrees to submit to the County a Final Report that conforms to the format provided by the County; a final spreadsheet comparing the original budget to actual expenses that certifies Grant Funds used in compliance with the Open Space Resolution; and GIS data with location and boundaries of the Grant Project. The Final Report shall also include supporting financial documentation as requested in the County report form and high resolution photographs of the progress and finished results of the Grant Project. The Grantee further agrees to provide the County with digital copies of said photographs, delivered as separate high resolution jpeg images. The Final Report shall be submitted within three (3) months of Grant Project completion unless a longer period of time has been agreed to by the County in writing. The County shall be allowed to use information and images from these reports in publications, public information upd~tes, and on the County's web site. Failure to Submit Required Reports. Upon written notice from the County's Open Space Grants Program Administrator, informing the Grantee that it has failed to submit any required status report and/or final report, the Grantee shall submit such reports to the County through the County's Open Space Grants Program Administrator within thirty (30) days, and, if it fails to do so, the Grantee shall be deemed to be in violation this Agreement pursuant to Paragraph 15, below. Record Keeping Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years from the project completion date. 13. Changes to Grant Project. The Grantee agrees and understands that its Grant Project, once it has been approved by the County, may not be changed without the County's prior approval. Proposed changes must be formally requested using the applicable Grant Project Modification Form provided by the County. Changes may not begin until the County has issued an approval, which may also require the execution of an amendmentto this Agreement. 14. Maintenance. Grantee agrees to assume responsibility for continuous long-term maintenance and public safety of open space lands, trails, recreation facilities, amenities, signage or other projects funded by the Grant Funds. 15. Failure to Comply and Reimbursement of Grant Funds. The Grantee understands and agrees that the County may require the Grantee to reimburse the County if any portion of the Grant Funds are not used in accordance with its approved Grant Proposal and this Agreement. Failure to comply with the terms of this Agreement shall result in default and the Grantee shall be ineligible for any future Grant 3 Funds until the violation is remedied or after such other time period as determined • by the County. 16. Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided by law . 17. No Waiver of Rights. A waiver by either Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 18. Relationship of the Parties. The Grantee shall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 19. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any agents or contractors of the Grantee. 20. Severabilitv. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. 21. Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee. 22. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 23. Notices. Notices, as referred to in this Agreement, shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Open Space Grants Program Administrator 6934 S Lima St, Unit A Centennial, Colorado 80112 4 • • • • • and GRANTEE: City of Englewood 1155 W. Oxford Ave. Englewood, CO 80110 24. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 25 . Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits , applications, resolutions , or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes. 27. Section Headings. The headings for any section of this Agreement are only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 28. Assignment. The rights, or any parts thereof, granted to the Parties herein may be assigned only with the prior written consent of the non-assigning party . 29. Extent of Agreement. This Agreement constitutes the entire agreement of the Parties hereto. The Parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 30. Signatures. The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities . 5 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as • of the date set forth below . DATED this ____ day of ________ , 201 ATTEST: By: ------------Name Title ATTEST: By: ___________ _ Name Title GRANTEE: By: ___________ _ Name Title COUNTY OF ARAPAHOE STATE OF COLORADO By: ______________ _ Shannon Carter, Director, Intergovernmental Relations and Open Spaces Pursuant to Resolution No. 160097 6 • • • • •I COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: July 5, 2016 11aii Bill for Ordinance authorizing an IGA for Arapahoe County Open Space grant award for Rotolo Park Playground Renovation Initiated By: Staff Source: Department of Parks, Recreation and Dave Lee, Open Space Manager Library PREVIOUS COUNCIL ACTION Council previously approved Resolution #39, Series of 2016 on February 1, 2016 supporting the City's grant application to Arapahoe County Open Space for Rotolo Park Playground Redevelopment. RECOMMENDED ACTION The Parks, Recreation and Library Department recommends approval of an ordinance authorizing an intergovernmental agreement between the City of Englewood and Arapahoe County for the Arapahoe County Open Space grant award in the amount of $236,800 for Rotolo Park Playground Renovation. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Arapahoe County Open Space has notified the City of Englewood that the Rotolo Park Playground Renovation grant was approved on May 25, 2016. These funds will allow replacement of outdated playground equipment, improving safety and ensuring ADA accessibility. The play equipment will be appropriate for children in a wide age range and include a group swing, net climber, tree climb, swings and a spinner apparatus. FINANCIAL IMPACT The Arapahoe County Open Space grant of $236,800 requires a cash match of $78,934. The City's cash match is budgeted in the 2016 Open Space Fund which is supported entirely through Arapahoe County Shareback funds. LIST OF ATTACHMENTS Attachment 1, Proposed Ordinance Letter, ACOS Grant Award May 24, 2016 City of Englewood Dave Lee 1155 W . Oxford Avenue Englewood, CO 80110 A R A PAHOE COUNTY P~C T ECT . C O~H;E C T . ENJOY Re: Rotolo Park Playground Renovation Standard Grant Dear Dave, Shannon Carter I C ,; e :.::::- • The Arapahoe County Open Space Grant Program is pleased to inform the City of Englewood that the Spring • 2016 Rotolo Park Playground Renovation Standard Grant Application has been approved for funding in the amount of $236,800. In the next few days you will receive an email containing instructions and next steps to processing the project award. We look forward to working with you in making this project a reality! Sincerely, 'd-v~ Lindsey Miller Grants Program Administrator Arapahoe County Open Spaces 720-874-6724 lmiller @arapahoegov.com '~. . I • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE ROTOLO PARK PLAYGROUND RENOVATION. WHEREAS, in November 2003 and in November 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified Open Space purposes as set for the in County Resolution No. 030381, as amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, County Resolution No. 030381 authorized the County to award grants to funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City of Englewood submitted an application for the award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City Council of the City of Englewood authorized the City's Arapahoe County Open Space Grant Application for Rotolo Park Playground Renovation by the passage of Resolution No. 39, 2016; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $236,800 for the Rotolo Park Playground Renovation ("Grant Project"); and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Rotolo Park Playground Renovation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of Colorado for the Rotolo Park Playground Renovation, attached as "Attachment l ",is hereby accepted and approved by the Englewood City Council. A copy of Exhibit A to Attachment 1 (the Grant application) is available in the Office of the Englewood City Clerk. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 5th day of July, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of July, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of July, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 5th day of July, 2016. Loucrishia A. Ellis • • • • • • INTERGOVERNMENTAL AGREEMENT REGARDING 2016 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: ROTOLO PARK PLAYGROUND RENOVATION This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee") (collectively, "Parties" and individually a "Party"). WHEREAS, on November 4, 2003, and on November 1, 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified open space purposes as set forth in County Resolution No. 030381, as amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, the Open Space Resolution authorizes the County to award discretionary grants from its Open Space Fund to municipalities and special districts, as more fully set forth therein; and WHEREAS, on May 25, 2016 the County approved the Grantee's Grant Proposal for the Rotolo Park Playground Renovation ("Grant Project"), which is attached hereto and incorporated by reference herein as Exhibit A, subject to the execution of an intergovernmental agreement and subject to the terms and conditions contained herein; and WHEREAS, this intergovernmental agreement is authorized by Article XIV, Section 18 of the Colorado Constitution and COLO. REV. STAT.§ 29-1-203. NOW, THEREFORE, the County and the Grantee agree as follows: 1. Amount of Grant. The County hereby awards Grantee an amount not to exceed $236,800 ("Grant Funds") for the Grant Project from the Arapahoe County Open Space Fund. 2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as described in Exhibit A . 3. Disbursement of Grant Funds. Subsequent to execution of this Agreement, the Grant Funds shall be paid via ACH transfer on a reimbursement basis upon receipt of the approved status report and documentation of expenditures as outlined in Paragraph 10 below and no more often than bi-annually. No more than 75% of the grant funds will be reimbursed prior to the Final Report approval. The final 25% of grant funds will be reimbursed following the project inspection and review and approval of the Final Report and project deliverables . 4. Time for Use of Grant Funds . The Grantee agrees that the Grant Project must begin within 60 days of the award notification . The Grantee agrees that the Grant Project will be completed and the Grant Funds will be expended by no later than 1 A T T A c H M E N T 1 two years from the date of this fully executed Agreement, unless a longer period • of time is otherwise agreed to by the County in writing. The Grantee understands and agrees that if the Grant Project cannot be completed by the end of the agreed upon time period the County may require that the Grant Funds be refunded to the County Open Space Grant Fund, ._be re-distributed to another agency and/or be used for another viable and timely grant project. 5. Interest on Grant Funds . The Grantee further agrees that, after receipt of the Grant Funds , the Grantee will use any interest earned on the Grant Funds only for the Grant Project as set forth in Exhibit A. 6. Administration of Grant Project . The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project, nor shall the County have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the awarded Grant Funds. Grantee also agrees to comply with all local, state and federal requirements while completing the Project unless specifically waived. 7. Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, at the completion of and/or after the Grant Project. 8. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the Grant Project and agrees to allow the County to do the same. If any ev ents are planned in regards to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes. Event information, event materials and press release information related to the Grant Project must be sent to the County Grants Program Administrator for review and filing. 9. Required Sign at Project Site. The County agrees to purchase a standard sign for each grant project. Grantee agrees to pay the sign cost to the County for each grant project. Grantee agrees to erect and permanently maintain at least one sign in a publicly visible area in recognition of the Grant from the Arapahoe County Open Space Program . If the Grantee wishes to use their own sign and design , the Grantee must submit the sign location, design, and wording to the County Grants Program Administrator for approval prior to manufacture and/or installation of such sign. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is earlier. 10. Report Requirements. On or before January 3l51 and July 31 51 annually, the Grantee agrees to provide the County with Grant Project Progress Reports that conform to the format provided by the County. Each Grant Project Progress Report shall include supporting financial documentation as requested in the form 2 • • • • • 11. 12. provided. Upon completion of the Grant Project, the Grantee also agrees to submit to the County a Final Report that conforms to the format provided by the County; a final spreadsheet comparing the original budget to actual expenses that certifies Grant Funds used in compliance with the Open Space Resolution; and GIS data with location and boundaries of the Grant Project. The Final Report shall also include supporting financial documentation as requested in the County report form and high resolution photographs of the progress and finished results of the Grant Project. The Grantee further agrees to provide the County with digital copies of said photographs, delivered as separate high resolution jpeg images. The Final Report shall be submitted within three (3) months of Grant Project completion unless a longer period of time has been agreed to by the County in writing. The County shall be allowed to use information and images from these reports in publications, public information updates, and on the County's web site. Failure to Submit Required Reports. Upon written notice from the County's Open Space Grants Program Administrator, informing the Grantee that it has failed to submit any required status report and/or final report, the Grantee shall submit such reports to the County through the County's Open Space Grants Program Administrator within thirty (30) days, and, if it fails to do so, the Grantee shall be deemed to be in violation this Agreement pursuant to Paragraph 15, below. Record Keeping Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years from the project completion date. 13. Changes to Grant Project. The Grantee agrees and understands that its Grant Project, once it has been approved by the County, may not be changed without the County's prior approval. Proposed changes must be formally requested using the applicable Grant Project Modification Form provided by the County. Changes may not begin until the County has issued an approval, which may also require the execution of an amendment to this Agreement. 14. Maintenance. Grantee agrees to assume responsibility for continuous long-term maintenance and public safety of open space lands, trails, recreation facilities, amenities, signage or other projects funded by the Grant Funds. 15. Failure to Comply and Reimbursement of Grant Funds. The Grantee understands and agrees that the County may require the Grantee to reimburse the County if any portion of the Grant Funds are not used in accordance with its approved Grant Proposal and this Agreement. Failure to comply with the terms of this Agreement shall result in default and the Grantee shall be ineligible for any future Grant 3 Funds until the violation is remedied or after such other time period as determined • by the County. 16. Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided by law. 17. No Waiver of Rights. A waiver by either Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 18. Relationship of the Parties. The Grantee shall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 19. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any agents or contractors of the Grantee. 20. Severability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. 21. Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee . 22. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 23. Notices. Notices, as referred to in this Agreement, shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Open Space Grants Program Administrator 6934 S Lima St, Unit A Centennial, Colorado 80112 4 • • • • • and GRANTEE: City of Englewood 1155 W. Oxford Ave. Englewood, CO 80110 24. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 25. Counterparts . This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits, applications, resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes. 27. Section Headings. The headings for any section of this Agreement are only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 28. Assignment. The rights, or any parts thereof, granted to the Parties herein may be assigned only with the prior written consent of the non-assigning party . 29. Extent of Agreement. This Agreement constitutes the entire agreement of the Parties hereto. The Parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 30. Signatures. The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities . 5 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as • of the date set forth below. DATEDthis ____ .dayof ________ ,201 ATTEST: By : _________ _ Name Title ATTEST: By: _________ _ Name Title GRANTEE: By: ___________ _ Name Title COUNTY OF ARAPAHOE STATE OF COLORADO By: _____________ _ Shannon Carter, Director, Intergovernmental Relations and Open Spaces Pursuant to Resolution No. 160097 6 • • • COUNCIL COMMUNICATION ~eeting Date: Agenda Item: Subject: Approval of Tyler Technologies contract July 5, 2016 amendment to replace the 11ci current Finance/HR system (aka ERP system) Initiated By: Department of Finance and Staff Source: Kathleen Rinkel, Director of Administrative Services Finance and Administrative Services PREVIOUS COUNCIL ACTION Council approved the purchase and installation of the Oracle system in April 2002: Capitalized systems cost (installation and 1st year maintenance) of $386 ,000 and $68 ,000 ongoing maintenance/support. Maintenance and support as increase year over year to current costs of $89,000, plus an additional $41,000 in non-Oracle consultant support costs. In October, 2015, Council approved $1,000,000 in the 2016 Capital Projects Budget for conversion to a new ERP system. • RECOMMENDED ACTION • Staff recommends Council approve, by resolution , the Tyler Technologies contract amendment for Software as a Service (SaaS) that provides the City with installation and ongoing support for all Finance and HR related functions . This service replaces our current Oracle license/system. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Our current Oracle system is out of date and the version we operate needs be upgraded to maintain premier support from the vendor, which includes continued certifications with our 3rd_ party products and versions (i .e . keeping up to date with windows operating systems). This is a purchased license that we operate on our equipment and for which we pay an annual maintenance fee. We will need to purchase and install an updated version to continue to be supported. We did not pursue upgrading Oracle as the one-time cost was estimated to be approximately $500,000. We are currently using de-supported tools that would also need to be replaced at additional cost. Through research, we determined that a Saas model would serve the city better than our current licensing model. The vendor will maintain the software to the most current version, operate it on their equipment, provide security and provide disaster recovery for our data. The Tyler Saas model also offers web access (based on our designated security roles) and mobile device access/approvals . The document for which we seek approval is structured as an amendment to an existing contract for Police "eCitation/eParking" software service to reflect the same general terms and conditions already reviewed and approved by both the vendor's and the City's attorneys . The service and modules requested cover all of our current Finance and HR functions as well as adding functionality for contract management, enhancing project and grant functionality, ACA reporting, Benefits administration, incorporating document imaging, adding COBRA billing • administration, adding mobile device integration and providing more flexible/user friendly reporting functionality . This acquisition was made using a cooperative bid. Other products examined included Sungard and Work Day. Tyler Technologies was determined to be the best value based on pricing, functionality and ease of use. We worked with Tyler technology to further reduce the cooperative pricing by 3% for one-time costs and 15% for recurring costs. FINANCIAL IMPACT Funding was approved in the Capital Projects fund in 2016 for $1,000,000 for this conversion . This contract amendment includes: Capitalized systems cost (installation and 151 year maintenance): $487,000 Ongoing annual support and maintenance: $165,000 The remainder of the $1 ,000,000 Capital funds will be used to augment staff support for implementation focus and purchase any additional technology, if needed. These needs will be further defined as the project plan is developed . The $35,000 difference in ongoing maintenance will be covered by eliminating the need for 3rd party COBRA support. LIST OF ATTACHMENTS Proposed M1ti9'l 'i2"!~0l.111T)e~ Contract Amendment for approval • • • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE TYLER TECHNOLOGIES, INC. LICENSE AGREEMENT PERTAINING TO SUPPORT SOFTWARE AS A SERVICE (SaaS) THAT PROVIDES ON GOING SUPPORT FOR ALL FINANCE AND HUMAN RESOURCES RELATED FUNCTIONS .. WHEREAS, the current Oracle system which supports all Finance and Human Resources related functions for the City of Englewood is out of date and needs upgrading to maintain premier support, which includes continued certifications with the City's 3rd party products and versions; and WHEREAS, upgrading the Oracle system has a one-time cost estimated at approximately $500,000 and would mean currently using de-supported tools that would also need to be replaced at additional cost; and WHEREAS, the City has decided to replace the Oracle system with the Tyler Saas model which will serve the City better than our current licensing model; and WHEREAS, the Tyler SaaS model will maintain the software to the most current version, operate it on their equipment, provide security and provide disaster recovery for City data; it also offers web access (based on the City's designated security roles) and mobile device access/approvals; and WHEREAS, the approval of this amendment is to an existing contract for Police "eCitation/eParking" software service and reflects the same general terms and conditions already reviewed and approved by both the vendor and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CQUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ··~ '· . Section 1. The Englewood City Council hereby authorizes approval of the Tyler Technologies Saas Model Amendment, attached hereto as Exhibit A. Section 2. The Mayor of the City of Englewood is hereby authorized to sign said Tyler Technologies Saas Model Amendment for and on behalf of the City of Englewood. ADOPTED AND APPROVED this 5th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk 1 I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • • • • AMENDMENT This amendment ("Amendment") is made this day of May, 2016 ("Amendment Effective Date") by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West Long Lake Road, Troy, MI 48098 ("Tyler") and the City of Englewood, CO, with offices at 1000 Englewood Parkway, CO 80110. I . WHEREAS, Tyler and the Client are parties to License and Services Agreement (the "License Agreement") with an effective date of February 2, 2016; I WHEREAS, Tyler and Client now desire to add additional Tyler software and services to that License Agreement; and WHEREAS Client is a member of the National Joint Powers Alliance ("NJPA") and desires to purchase off the NJPA C@ntract awarded to Tyler; NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: SlliCTION A -DEFINIT.IONS Except as otherwise defined below, all defined terms shall have the meaning set forth in the License Agreement: • "Data" means your data necessary to utilize the Tyler New World Software. "Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the New World Investment Summary. "Defined Concurrent Users" means the number of concurrent users that are authorized to use the Saas Services . The Defined Concurrent Users are 50. I • "Saas Fees" means the fees for the Saas Services identified in the Tyler New World Investment Summary . • "Saas Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler New World Software, and includes the right to access and use the Tyler New World Software, receive maintenance and support on the Tyler New World Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. Saas Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • "Tyler New World Investment Summary" means the agreed upon cost proposal for the products and services attached as Exhibit 1 to this Amendment. • "Tyler New World Invoicing and Payment Policy" means the invoicing and payment policy applicable to this Amendment and attached as Exhibit 2. ~ "Tyler New World Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Tyler New World Investment Summary and licensed by us to you through this Amendment. • "Tyler New World Statement of Work" means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler New World Software, and outlining your and our roles and responsibilities in connection with that implementation. The Tyler New World Statement of Work is provided at Exhibit 4. • "Tyler New World Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler New World Software, which is attached as Exhibit 3 to this Amendment. SECTION B -SAAS SERVICES 1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the Saas Services solely for y our internal business purposes for the number of Defined Concurrent Users only. The Tyler New World Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery • 9bligations and we will not ship copies of the Tyler New World Software as part of the SaaS Services. You may use tpe Saas Services to access updates and enhancements to the Tyler New World Software, as further described in this Amendment. 2. SaaS Fees. You agree to pay us the Saas Fees. Those amounts are payable in accordance with the Tyler New World • Invoicing and Payment Policy. The Saas Fees are based on the number of Defined Concurrent Users and amount of Data Storage Capacity. You may add additional concurrent users or additional data storage capacity on the terms set forth in Section J(l) of the License Agreement. In the event you regularly and/or meaningfully exceed the Defined Concurrent Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler New World Software, and anything developed by us under this Amendment. You do not acquire under this Amendment any license to use the Tyler New World Software in excess of the scope and/or duration of the SaaS Services. 3.2 The documentation we make available to you in connection with your use of the Tyler New World Software is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3 .3 You retain all ownership and intellectual property rights to the Data. 4. Restrictions. You may not: (a) make the Tyler New World Software or documentation resulting from the Saas Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Saas Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Saas Services, Tyler New World Software, or related documentation available to any third party other than as expressly permitted by this • Amendment. 5. Software Warranty. The warranty set forth in Section B(4) shall apply to the Tyler New World Software for so long as you are timely paying your then-current SaaS Fees. 6. Saas Services. 6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA's Statement on Standards for Attestation Engagements ("SSAE") No. 16. We have attained, and will maintain, SSAE-16 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. Upon execution of a mutually agreeable Non- Disclosure Agreement ("NDA"), we will provide you with a summary of our SSAE-16 compliance report or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. 6.2 You will be hosted on shared hardware in a Tyler data center, but in a database dedicated to you, which is inaccessible to our other customers. 6.3 We have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler New World Software in the event of a disaster or component failure. In the event any of your data has been lost or damaged due to an act or omission of us or our subcontractors or due to a Defect, we will use best commercial efforts to restore all the data on servers in accordance with the architectural design's capabilities and with the goal of minimizing any data loss as greatly as possible. In no case shall the recovery point objective ("RPO") exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 6.4 In the event we declare a disaster, our Recovery Time Objective ("RTO") is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the • • Tyler New World Software must be restored. 6.5 We conduct annual penetration testing of either the production network and/or web application to be performed . We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the Saas Services or environments related to the Tyler New World Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.6 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific. Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. 6.7 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned data. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. I 6.8 We provide secure data transmission paths from each of your workstations to our servers. 6.9 For at least the past ten (10) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. Our data centers are accessible only by authorized personnel with a unique key entry. All other visitors must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access . • E~TION C -PROFESSIONAL SERVICES We will provide you with the professional services set forth in the Tyler New World Investment Summary according to the Tyler New World Statement of Work. You agree to pay us the professional services fees according to the Tyler New World Invoicing and Payment Policy. SECTION D -MAINTENANCE AND SUPPORT For ~o long as you timely pay your then-current SaaS Fees, we will provide you with the maintenance and support servf ces described in the Maintenance and Support Agreement set forth in the License Agreement, subject to the "Client Responsibilities and "Excluded Services" provisions set forth therein. The Tyler New World Support Call Process shall apply to this Amendment. SEC,TION E -TERM AND TERMINATION 1. Term. The initial term of this Amendment extends seven (7) years from the first day of the month immediately following the Effective Date, unless earlier terminated as set forth below. Upon expiration of the initial term, this Amendment will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your r 'ght to access or use the Tyler New World Software and the Saas Services will terminate at the end of this Amendment. 2. T1ermination. In addition to the termination provisions set forth in the License Agreement, the following termination provisions apply to this Amendment. In the event of termination, you will pay us for all undisputed fees and expenses r~lated to the software, products, and/or services you have receive&, or we have incurred or delivered, prior to the • effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section G(2) of the License Agreement. 2.1 Failure to Pay Saas Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of Saas Fees. If you fail to timely pay the Saas Fees, we may discontinue the Saas Services and • deny your access to the Tyler New World Software. We may also tenninate this Amendment if you do not cure such failure to pay within forty-five ( 45) days of receiving written notice of our intent to terminate . 2.2 Fees for Termination without Cause during Initial Tenn. If you terminate this Amendment during the initial term for any reason other than cause, or if we terminate this Amendment during the initial term for your failure to pay Saas Fees, you shall pay us the following early termination fees: (i) if you terminate during the first year of the initial term, 100% of the Saas Fees through the date of termination plus 25% of the Saas Fees then due for the remainder of the initial term; (ii) if you terminate during the second year of the initial term, I 00% of the SaaS Fees through the date of termination plus 15% of the Saas Fees then due for the remainder of the initial term; and (iii) if you terminate after the second year of the initial term, 100% of the SaaS Fees through the date of termination plus l 0% of the SaaS Fees then due for the remainder of the initial term. 2 .3 Lack of Appropriations. This Amendment may be terminated for lack of appropriations, as set forth in Section H(3) of the License Agreement . For the avoidance of doubt, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Amendment. 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 and, notwithstanding anything in this Amendment to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations and resolutions of the City and applicable law . Upon the failure to appropriate such funds, this Amendment shall be deemed tenninated. SECTION F-GENERAL TERMS AND CONDITIONS The address for notice to Tyler under this Amendment shall be the Tyler address set forth in the recitals clause of this Amendment, to the attention of Roger Routh . Except as otherwise set forth herein, th is Amendment shall be governed by and construed in accordance with the applicable terms and conditions of the License Agreement, and all other terms and conditions of the License Agreement shall remain in full force and effect . For the avoidance of doubt, Section F of the License Agreement does not apply to this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. Tyler Technologies, Inc . City of Englewood, CO By : ____________ _ Joe Jefferson Name: Mayor Title: _____________ _ Date: _____________ _ • • • .. •• ••• • • ••••• • Exhibit 1 Tyler New World Investment Summary Tine following Tyler New World Investment Summary details the software and services to be delivered by us to you under th~ Amendment. This Tyler New World Investment Summary is effective as of the Effective Date. Capitalized terms not ot~erwise defined will have the meaning assigned to such terms in the Amendment. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • • • • •• •••• • •• .. ' new world~ Quoted By: Rob Simonds Date: 4/25/2016 Quote Expiration: 8/23/2016 • a tyler erp solution Sales Quotation for: City of Englewood, CO 1000 Englewood Parkway Englewood, CO 80110 303-762-2300 Software and Related Services Description Module Saas Fee Prospect Name: City of Englewood, CO Quote Number: 2016-0425ENG-SaaS Quote Description: FM, HR, ESS Saas Tyler price quotaoons are valid for 120 days One-time Fees Implementation Data # of Days Cost Conversion t~jtJt7~;R!;~1ii~ Contract Management $ 3,485 3 $ 3,660 fiieci ·~et5 · .. ·~·· · '~H+,;;"::;: . <''.·,:<:~r <;f~;!~J.Nf:ffw .. ·;;: ;;:~-~~{~;~:r1:u~.t~\;:_;~:t:~fi~:f;~:£'.:b9!i~~;;1~::zc:,~i:~;~~:;~;;.;_;~~;~}::.~~$;i.7~·.ffo1Jf!t@': ;. $·:\i\i':'.~ ,sQo . GASB/CAFR Reporting $ 7,849 5 $ 6,100 ,Proj~ct . and Gr<1n~;J~C,t~.Lfotjrjg Purchasing (Combo of POs and Reqs) Tt1i~~ par.iv D~cDr11eofJm~9ih9 ::·~·:;:,·}·,:.'.: §:ft'.· .. <~. Tyler Cashiering Re~I Tim.e ~ ~evenue 'JQt~rf ac~.: '. :, Financial Management Suite Subtotal: $ 12,744 5 $ 6,100 $ 4,000 {.·r ·· /h:f~9~:q:<:~··.·. r .. · $ 11,882 5 $ 6,100 ,;·N:~~~~s :7,4~::::.,'tt·:'.".<> ·.• .... fr ; $\:~.-;·_::~:1ji,2q -~.: :-. ·: $ 96,918 56 $ 68,320 $ 25,700 Tyler New World ERP Private and Confidential • Page 1 • • e -······ ••• , .• • • new worldw a tyler erp solution Sales Quotation for: City of Englewood, CO 1000 Englewood Parkway Englewood, CO 80110 303-762-2300 -Quoted By:-Rob Simonds Date: 4/25/2016 Quote Expiration: 8/23/2016 Prospect Name: City of Englewood, CO Quote Number: 2016-0425ENG-SaaS Quote Description: FM, HR, ESS Saas Tyler price quotations are valid for 120 days COBRA Billing Administration $ 2,528 2 $ 2,440 .~_e11efi~.~1r.cickj_rig ·.iN.~if#.mii~?v~1 :·;;a.·NJ:;~;i1~;;:;;~;;;~<:i,? ~~;:~o:,~:,:{:~;;.jU{rJ:~1¥?:t;;:1{~~'.~zi1,~~?:;,~KY_:::;j~.c~ ;::-::0~~'.it!}1:il·l$''.;£,-;;'.i'.#;?:2il.'r:?~:/:(::._;:::•·:·::·} Third Party Applicant Interface $ 2,488 1 $ 1,220 nrn~•-~ncl, .. A,~el)d~~-~~}~t~lf~~~\ .. ':·:~:~;:;~;;::i?~l:;tiHk::?)}!:.'::.:.:_:n;;:;;;;3 ~'J~~(~'.i$.;::f~t;bJt~~@!'.i}~:.; .. ·;~f:··~'.:·n'.~p:~·;:3h~~~~!;;·;\;:~;~9q:~;;.,··•Ji'.~'.::.:t~··;::·~- workers Compensation Admin $ 2,488 1 $ 1,220 _En;iPl?Yeefa1 e~t .w1.~.~~~:.:>?>,:.:.::i ·-~·;;~::y_y·(~::,,:.:;:.:::. >S}.:~:l~iF/ii}~o;?:/'.t.;'~i~s~~~:-~·JH:·;_;:,·:;,..;._;:.~:.7~.>2r$5~::f•':::2,41o :t.I;;: ... Employee Retirement Tracking $ 2,567 3 $ 3,660 $ 1,000 Payroll & Human Resources Suite Subtotal: $ 34,505 45 $ 54,900 $ 37,000 eSuite Applications: eSu _ite 'Base · :::•.::~ ·'§._$ :L;{?:'·· :.;:1:..:;to(p~E~_q.; ',;.: ePersonnel Suite(Employee, Timesheets, Ben Admin, Recruit) eSuite Application Subtotal: Overall Subtotal: Discount Amount: TOTAL INITIAL COST: $ $ $ $ 23,191 33,324 164,747 $0 164,747 Tyler New Wortd ERP Private and Confidential ·.•. ·::j l · .:;;·~;66Q ' f'.J~(~ppliC(lble 4 $ 4,880 Not Applicable 7 $ 8,540 $ 108 $ 131,760 $ 62,700 $ 131,760 $ 62,700 • Page 2 • • ··:·:·. new world .. ." Quoted By: Rob Simonds Date: 4/25/2016 Quote Expiration: 8/23/2016 • a tyler erp solution Prospect Name: City of Englewood, CO Quote Number: 2016-0425ENG-SaaS Quote Description: FM, HR, ESS Saas Sales Quotation for: City of Englewood, CO 1000 Englewood Parkway Englewood, CO 80110 303-762-2300 Tyler price quotations are valid for 120 days Additional Implementation Services ·'..~~:~~· ;~~:~?.~~;;~~;\~~~~ ;!":~;~{'.~~~~;;~ .P,~~Bi~i< (>f~~ff j~~~!{;G~~;ftV~~. Consulting Services ;_;_",, ': ·. 'i::;,'. ::.;~-.. '. ~;; :y.- Consulting Services (up to 25 days to include the following services) --CPA Resource Consulting, Chart of Accounts, Configuration Documentation, Process Changes 1 Documentation, Training Material Customization, Mid-Construction Review, System Configuration Assurance, Acceptance Test Development Assistance, Business Analytics, Report Construction Assistance $ ·27,500 P<0[~;·0•1 Se~~~~· ,.,"y);;J,}:f~~~~rJi,~i{iilt~f tll;~~t~j~~i~~~~~t!;~~.f4~f~;~;o, Tyler New World ERP Priva. Confidl'ntial $ 79,300 • Paqe 3 • • •• . . ~-•••• ,; . • • new world~- a ty ler erp solution Sales Quotation for: City of Englewood, CO 1000 Englewood Parkway Englewood, CO 80110 303-762-2300 Quoted By: Rob SiiTionds Date: 4/25/2016 Quote Expiration: 8/23/2016 Prospect Name: City of Englewood, CO Quote Number: 2016-0425ENG-SaaS Quote Description: FM, HR, ESS Saas Tyler price quotations are valid for 120 days One Time Recurring New World ERP Summary Total Software Total Services VPN Device Summary Total Estimated Travel Expenses Trips@ $2,000/each -Includes 22 Trips airfare, car rental, hotel accommodations and per diem 7 Year Saas Total (excluding estimated travel expenses) Footnotes $ $ $ $ $ Fees Fees $ 164,747 273,760 4,000 277,760 $ 164,747 44,000 1,430,989 Assumes purchase of the proposed solution directly through Tyler Technologies and not through an RFP procurement procedure. Recurring Saas fee includes NJPA discount and is based on a seven (7) year commitment for up to fifty {SO) concurrent users. Saas fee is calculated annually and billed quarterly. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed. Tyler New World ERP Private and Confidential • Page4 •• ••• •• ..•. ,, . • Exhibit 2 Tyler New World Invoicing and Payment Policy We will provide you with the software and services set forth in the Tyler New World Investment Summary of the Amendment. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Amendment. Invoicing: We will invoice you for the applicable software and services in the Tyler New World Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the License Agreement. 1. Saas Fees. Saas Fees are calculated on an annual basis, and will be invoiced quarterly in advance, beginning on the Effective Date. Your annual Saas fees for the initial 5-year term are set forth in the Tyler New World Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates. 2. Services Fees. 2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN. 2.2 Implementation and Data Conversion Services: Implementation and data conversion services are billed and invoiced as delivered, at the rates set forth in the Tyler New World Investment Summary. 2.3 Consulting Services: Consulting services are billed and invoiced as delivered on a time and materials basis, at a rate set forth in the Tyler New World Investment Summary. 2.4 Dedicated PM: Dedicated PM fees will be invoiced monthly in arrears, at the monthly rate set forth in the Tyler New World Investment Summary. 3. Expenses. The service rates in the Tyler New World Investment Summary do not include travel expenses. Expenses will be billed as set forth in Exhibit B to the License Agreement. Payment. Payment for undisputed invoices is due as set forth in Exhibit B to the License Agreement. • • • ·.' • •• ••• • • ... ,,• • Exhibit 3 Support Call Process If, after you have cut over to live production use of the Tyler New World Software, you believes that the Tyler New World Software is Defective, as "Defect" is defined in the License Agreement, then you will notify us by phone, in ';'1'iting, by email, or through the support website. Please reference http://www.tvlertech .com/client-support for irlformation on how to use these various means of contact. Documented examples of the claimed Defect must accompany each notice. We will review the documented notice and when there is a Defect, we shall resolve it at no additional cost to you beyond your then-current maintenance and support f~es. In receiving and responding to Defect notices and other support calls, we will follow the priority categorizations below. These categories are assigned based on your determination of the severity of the Defect and our reasonable analysis. If you believe a priority categorization needs to be updated, you may contact us again, via the same methods outlined above, to request the change. In each instance of a Priority 1 or 2 Defect, prior to final Defect correction, the support team may offer you workaround solutions, including patches, configuration changes, and operational adjustments, or may recommend that you revert back to the prior version the Tyler New World Software pending Defect correction . (a) Priority 1: An Defect that renders the Tyler New World Software inoperative; or causes the Tyler New World Software to fail catastrophically. After initial assessment of the Prior ity 1 Defect, if required, we shall assign a qualified product technical specialist(s) within one business (I) hour. The technical specialist(s) will then work to diagnose the Defect and to correct the Defect, providing ongoing communication to you concerning the status of the correction until the Tyler New World Software is operational without Priority 1 defect. The goal for correcting a Priority 1 Defect is 24 hours or less. (b) Priority 2: A Defect that substantially degrades the performance of the Tyler New World Software, but does not prohibit your use of the Tyler New World Software . We shall assign a qualified product technical specialist(s) within four (4) business hours of our receipt of your notice. The product technical specialist will then work to diagnose and correct the Defect. We shall work diligently to make the correction, and shall provide ongoing communication to you concerning the status of the correction until the Tyler New World Software is operational without Priority 2 Defect. The goal for correcting a Priority 2 event is to include a correction in the next Tyler New World Software release. (c) Priority 3: A Defect which causes only a minor impact on the use of the Tyler New World Software. We may include a correction in subsequent Tyler New World Software releases . • •• ••• •• •.•,• • Exhibit 4 Tyler New World Statement of Work We will deliver the services set forth in the Tyler New World Investment Summary as set forth in the Amendment and, as applicable, as further detailed in this Statement of Work. Except as expressly stated in the Amendment, none of the services we provide you under this Statement of Work are services related to hardware or third-party products . Whenever possible, we will provide services remotely so as to control travel expenses. All service fees and expenses are payable according to the Exhibit 2. • • • .. • j • l • • ••• •• ... ,• • Schedule 1 Tyler New World Professional Services 1. Project Management Services We shall act as Project Manager to assist you in implementing the Tyler New World Software. Project Management Services include: a) Developing an Implementation Plan; c) Providing revised Implementation Plans (if required); d) Providing monthly project status reports; and e) Facilitating project status meetings • a project review (kickoff) meeting at your location • progress status meeting(s) during implementation via telephone conference or at your location; and • a project close-out meeting at your location to conclude the project. f) Consultation with other vendors or third parties, if necessary. Implementation and Training Support Services Implementation and training support services have been allocated for this project as described in the Tyler New World Investment Summary. A voiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. The recommended implementation and training support services include: a) implementation of the Tyler New World Software; and b) Training you or assisting with your training on the Tyler New World Software. The project management, implementation and training support services provided by us may be performed at your prerises and/or at our headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). 3. \ Interface and/or Fixed Installation Services We shall provide interface installation services as described in the Tyler New World Investment Summary . • ' ' . •• ••• •• ... ,• • Schedule 2 Tyler New World Data File Conversion Assistance We will provide conversion assistance to you to help convert the existing data files specified below. If additional files are identified after the contract execution, estimates will be provided to you prior to us beginning work on those newly identified files. General 1) This conversion effort includes data corning from one unique data source, not multiple sources. 2) No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Data cleansing, removal of duplicate records, and editing must take place by you prior to providing the data to us. Our Responsibilities 1) We will provide you with a conversion design document for signoff prior to beginning development work on the data conversion. No conversion programming by us will commence until you approve this document. 2) We will provide the data conversion programs to convert your data from a single data source to the Tyler New World Software for the specified files that contain 500 or more records. 3) As provided in the approved project plan for conversions, we will schedule a conversion analysis trip and a separate data conversion testing trip to your location. The conversion testing trip for each application is a billable support trip, using standard daily billable rates, which is scheduled in conjunction with the delivery of the converted data to you. 4) We will provide you up to 3 test sets of the converted data. Additional test sets requested may/will require additional conversion costs. 5) We will provide the standard conversion record layouts to you and convert the available data elements defined in the standard conversion record layouts . 6) Up to seven years of historic data will be converted by us. Client Responsibilities 1) You will provide data in standard conversion record layouts as provided by us. Submitted data files must include an accurate count of records contained in the files. 2) Data will be submitted to us in one of the following formats: AS/400 files, Microsoft SQL Server database, Microsoft Access database, Microsoft Excel Spreadsheet, or an ASCII-format delimited text file. Data and databases will be transferred using the New World ftp site. 3) You understand that files or tables containing less than 500 records or table entries will not be converted. 4) As provided in the project plan for conversions, you will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever our staff is on site regarding conversions. Roughly a one to one commitment exists for your commitment and our commitment. You understand that thorough and timely testing of the converted data by your personnel is a key part of a successful data conversion. 5) You agree to promptly review conversion deliveries and si.gnoff on both the conversion • • • . " ' ' . ~ • design document and on the final conversion after the appropriate review. Applying the converted data to the production (Live) environment will constitute conversion acceptance by you. 6) If you cannot provide data in the format defined in our standard conversion record layouts then we will map the data to our standard conversion record layout at the Daily Rate. You must provide complete file and field definitions for us to map the data. Only one data source for each of the files described in the Tyler New World Investment Summary . • • , • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: July 5, 2016 11cii Professional Services with advance IT skills Initiated By: Staff Source: Information Technology Margaret Brocklander, Director IT PREVIOUS COUNCIL ACTION RECOMMENDED ACTION The IT Department recommends Council approve a Professional Services Agreement with The Doyle Group for Information Technology Network Engineering Services. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Information Technology Department had several unfilled positions. The support team was staffed to support business applications and provide desktop support. The specialized skill set to manage the network, security and telecommunications was vacant and needed to be filled without delay . Therefore, the Information Technology Director contacted several qualified firms and interviewed candidates to provide contract to hire network engineering services . The purpose of choosing contract to hire over the direct hiring process was to mitigate risk as quickly as possible. Hiring an IT professional can be a lengthy process searching for the ideal candidate and would have extended the network security risks . Utilizing contract firms provided the opportunity to bring on highly skilled staff to meet the demands of City business expeditiously without interruption to productivity. FINANCIAL IMPACT Not to exceed $93,000 over the 6-month term of the agreement; Funds for this agreement are included in the adopted FY-2016 Budget. LIST OF ATTACHMENTS Professional Services Agreement . , • • • RECEIVED MAY 1 7 2016 ENGLEWOOD CO OFFICE OF THE CITY.ATTORNEY PROFESSIONAL SERVICES AGREEMENT lnformauon Technology IT/PSA/16-18 The Doyle Group Temp Staff Network Engineer (Contract not to exceed $93,600) Thi~_,frofessional Services Agreement (the ·Agreement") ts made as of this ~"day of ~-"-----2016 (the "Effective Date -} by and The Doyle Group a Colorado corporation ("Contr~ and The City of Englewood Colorado a municipal corporation organized under the laws of the stale of Colorado ("City"). City oes1res !hat Contractor. from lime to time provide supplemental staffing services only on a time and materials basis. and City is providing technical direction and supervision of the Contract Employees who render these services ("the Services " i . and Contractor desires to perform such services on behalf of City on the terms and conditions set forth herein In cons1derat1on of the foregoing and the terms hereinafter set forth and other good and valuable ,;ons1dernt1on the rect:ipt and sufficiency of which are hereby acknowledged. the parties hereto . 1ntendiny to he legally bound . agree as tallows 1. Definitions. The terms set forth below shall be defined as follows: (a) ·intellectual Property Rights " <;hall mean any and all (by whatever name or term known or designated) tangible and ntang1ble and now known or hereafter existing ( 1) nghts associate wilh works of authorship throughout the universe. including but not 1m1ted to copynghts. moral rights . ano mask- worKs . (2) trademark and trade name nghts and similar nghts. (3) trade secret rights . (4) patents designs. algorithms and other mdustnal property rights. (5) all other intellectual and industrial property rights (of every kmd and nature throughout the universe and however designated ) (including logos. rental" rights and rights lo remuneration). whether arising by operatton of law. contract. hcense. or otherwise. and (6) all registrations . 1nit1al appl1cat1ons . renewals. extensions. •:on tmuat1ons d1v1sions or reissues hereof now •· --;,uft .'-t.fb1 ~ Fti:.:•ntt"! ti >n1rJ..i 1-.lt t, c' C"C'L1 \tl . .., or hereafter in force (including any rights in any of the forego ing). (b) 'Work Producr shall mean a11 patents. paten! applications inventions . designs mask works. processes, methodologies copyrights and copynghtable works . trade secrets including confldent1al mformat1on data. designs. manuals. tra ining materials and documentation formulas knowledge of manufacturing processes methods . pnces. financial and accounting data. products and product specifications and all other Intellectual Property Rights created . developed or prepared. documented and i or dehvered by Contractor. pursuant to the provision of the Services . 2. Statements of Work. Durrng the rerm hereof and subject to the terms and conditions contained herein. Contractor agrees to provide . on an °=is requested basis. the Services . ~nd related services as further described 1n Schedule A (the ·statement of Work ·; tor City ,mo 'n <;uch add1llonal Statements of Work as may be exec uted by ench of the parties hereto from 1me !(• time pursuant to this Agreement Each Statement of Work shall specify the scope q f work . spec1ficat1ons . basts of compensation and payment schedule . estnnated length of time required to r.omptete each Statemen l of Work including the estimated start/finis h dates. and o ther relevant nlormat1 o n and shall incorporate all terms and cond1t1ons contained in this Agreement 3 Performance of Services (a) Performance Contractor shall pertorm the Services necessary to complete all pro1ects outlined in a Statement of Work 1n .-1 ·1mely and professional manner r:ons1stent with the spec1fical!ons, 1f any set forth 1n the Statement of Work, and 1n <lccordance with ndustry standards Contractor agrees to ~xerc1se the highest oegree of protess1onahsm rmd to ut1l1ze its experuse ano creative talents in completing the pro1ects outhned in a Statement of Work (b) Delays . Contractor agrees ~c notify ·~:ty promptly o l any tacto1 occurrence or event coming to its attention that may atfect Contractors ability to meet the requirements of the Agreement, or that 1s likely to occasion any material delay in completion of the projects contemplated by this Agreernent Jr 'lnY Statement ot Work Such notice shall ·::i e given in the event of any loss or reassignment of key ernploy~es threat ot strike . or major equipment failure r , me ts expressly made of the essence with respect to each and every term and prov1s1on of this Agreement. ~c) Discrepancies. If anything nee essary for the clear understanding of the Services has been omitted from the Agreement spec1f1cat1ons or 1t dppears that vanous n.,tru 1 uons are in ~onfhct. Consultant sha ll secure wr itten instructions Tom City s proiect director before proceeding with th e performance of the Services affected by such om1ss1ons or d1screpanc1es 4 Invoices and Payment. Unless otherwise provided in a Statement of Work. City shall pay !he amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called ror in a Statement of Work by City Acceptance procedures shall be outlined m the Statement of Work If City disputes all or any pomon of an invoice for charges then City :s hall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the 1nvo1ce City shall notify Contractor as i:;oon a s possible of the speetf1c amount disputed and shall provide reasonable detail as to the basis for the dispute The parties shall then attempt to resolve the disputed portion of such invotce as soon as possible Upon resolution of the disputed portion City shall pay to Contractor the resolved amount 5. Taxes. City 1s not sub1ect to taxation No federal or other taxes (excise. luxury, transportation sales. etc) shall be ncluded in quoted prices City shall not be Jbhgated to pay or reimburse Contractor tor any taxes attributable to the sate of any .Services which are imposed on or measured t)y net or gross income. capital. net worth . franchise , privilege, any other taxes . or assessments, nor any of the foregoing imposed on or payable by Contractor Upon written notification by City <ind subsequent verification by Contractor Contractor shall re1mourse or credit as applicable City 1n a timely manner for any and all taxes erroneously paid by City City shall provide Contractor with. and Contractor shall accept m good failh, resale . direct pay , or other exemption certificates. as applicable 6 . Out of Pocket Expenses. Contractor sha ll be re1 moursea only for expenses which are el(pres siy provided tor m a Statement of Work o r which have been approved in advance in w riting by City , provided Contractor has HlOO Englewood Parkway. Enq\e wood Coiorado 801 10-2373 (303) 76 2-2300 www c;ngl ewoodg ov orq • • • \ . • • • furnished such documentation for authonzed expenses as City may reasonably request 7. Audits. Contractor shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed tor the purposes of performing audits or 1nspect1ons of Contractors operations and cornphance with this Agreement Contractor shall provide such auditors and inspectors any reasonable assistance that they may require Such audits shall be conducted 1n such a way so that the Services or services to any other customer of Contractor are not impacted adversely 8. Term and Termination. The term of this Agreement shall commence on the Effectrve Date and shall continue unless this Agreement is terrmnated as provided in this Section 8 (a) Convenience. City may without cause and without penalty . terminate the prov1s1on of Services under any or al l Statements of Work upon thirty (30) days prior written notice Upon such termination . City shall , upon receipt of an invoice from Contractor pay Contractor for Services actually rendered pnor to the effective date of such termination Charges will be oased on nme expended for all 1ncomptete tasks as 11sted 1n the applicable Statement of Work, and all completed tasks will be charged as indicated 1n the applicable Statement of Work (b) No Outstanding Statements of Work. Either party may terminate this Agreement by prov ;ding the other party with at least thirty (30) days prior written notice of termination 11 there are no outstanding Statements of Work (c) Material Breach. If either party matenall y defaults 111 the performance of an y term ot a Statement of W ork or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after rece1vmg written notice of such default then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon wntten notice stating its mtention to terrmnate 1n the event the other party ( 1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors : (2) applies for . consents to . or acquiesces in the appointment of a receiver trustee. custodian. or liquidator for its business or all or substantially all of its assets. (3) files. or consents to or acquiesces in, a petition seekmg relief or reorganization under any bankruptcy or insolvency laws: or ( 4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws 1s filed against that other party and is not dismissed within sixty (60) days after it was filed (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR") The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It 1s understood and agreed that this Agreement does not create a multi.fiscal year direct or indirect debt or obligation within the meaning of TABOR and . notwithstanding anything m this Agreement to the contrary, all payment obhgalions of City are express.y dependent and conditioned upon the continuing ava ilability of funds beyond the term ot City 's current fiscal period snding upon the next succeeding December 31 . Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated , b udgeted and otherwise made available in accordance with the: rules , regulations. and resolutions of City and applicable law. Upon the failure to 100 0 Enrilewoud Parkway E°nglcwooo Co lorado 80110-23 73 30 31 762-2300 www cnglewootlg ov org appropnaie such tunds this Agreement shal l be deemed <ermmated (f) Return of Property. Upon termination of this Agreement both parties agree to return to the other all property (including any Confidential Information as defined 1n Section 11 ) ot the other party that 11 may have 1n its possession or control 9. City Obligations. City will provide timely access to City personnel. systems and mformat1on required for Contractor lo perform its obligations hereunder City shall provide to Contractor s employees performmg its obligations hereunder at City s premises. without :~harge a reasonable work environment in compliance with atl apphcable laws and regulal1ons including office space . furniture telephone service and reproduction. computer facs1m1le . secretarial and other necessary equipment supplies. and services. With respeci ro all third party hardware or software operated by or on behalf of City City shall at no expense to Contractor. obta in al l consents , 11censes and subhcenses necessary for Contractor to pertonn under the Statements of Work and shall pay any fees or other costs assoc1aled with obtaining such consents licenses and sublicenses 10. Staff. Contractor 1s an independent contractor and neither Contractor nor Contractor's staff ls, or shall be deemed to oe employed by City. City is hereby contracting with Contractor for the Services described in a Statement of Work and Contraclor reserves the right to determine the methoo, manner and means by which the SeMces will be performed . The Services shall be performed by Contractor or Contractor's staff. and City shall nol be required 10 hire, supervise or pay any assistants to help Contractor perform the Services under this Agreement. Except to the extent that Contractor's work must be performed on or with City 's computers or City s ex1sltng software, all materials used m providing the Services shall be provided by Contractor 11 . Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party s bus mess, research . development. trade secrets or business affairs ("Confidential Information') Subject to the provisions and exceptions set forth in the Colorado Open Records Act. CRS Section 24-72 -101 et seq, each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use. disclosure. publication or dissemination of its own confidential information ot a similar nature. but 1n no event less than a reasonable degree of care Without limiting the generality of the foregoing . each party hereto agrees not to disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee . agent. representative or independent contractor of such pany requiring access to the same •n order to pertorm his or her employment or services Each party shall insure that their employees, agents. representatives . and mdependent contractors are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11 Further each party agrees not to alter or remove any identification. copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party 1n writing of all circumstances surrounding any possession. use or knowledge ot Confidential Information at any location or by any person or entity other than those authorized by this Agreement Notwithstanding the foregoing, nothing m this Agreement shall restrict either party with respect to information or data identical or sim ilar to that contained in the Confidential Information of the other party but which ( 1) that party rightfully possessed before 1t received such information from the other as evidenced 1000 Englewood Pa rkway Enqlewood Colorado 80110-2373 (303) 762 2300 www enqlewoodgov ore; • • • 1 · • • • by written documentat ion (2) subsequently becomes publicly available through no fault of that party . (3) 1s subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure , or ( 4 l 1s reqwred to be disclosed by law. provided that the disclosing party will exercise reasonable efforts to notify the other party pnor to disclosure (b) Know-How. For the avoidance of doubt neither C-ty nor Contractor shall be prevented from making use of know-how and principles learned or expenence gamed of a non-proprietary and non-confidential nature (c) Remedies. Each of the parties hereto agree that if any of them , their officers , employees or anyone obtaining access to the Confidential Information of the other party by , through or under them, breaches any provision of this Section 11 the non-breaching party shall be entitled to an accounting ana repayment of all profits . compensation comm1ss1ons. remunerations and benefits which the breaching party . its officers or employees directly or indirectly realize or may realize as a result of or growing out of. or in connection w1lh any such breach . In addition to and not in i1m1tat1on of the foregoing, tn the event or any breach ot this Sectiori 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount ot monetary damages for any such n1ury to t he non-breaching party arising from a v1olat1on of this Section 11 would be impossible to calculate and would therefore be an nadequa1e remedy at law. Accordingly . the parties agree that the non-breaching party shall be entitled to temporary and permanent 1n1unct 1ve relief against the breaching party its officers or employees and such other nghts and remedies to which the non-breaching party may be entitled to at law . in equity or under this A.greernent for any violation of this Section 11 Tht; prov1s1ons of this Section 11 shall surv ive ihe expiration or termination ot this Agreement or any reason 12. Project Managers. Each party shall designate one of its employees to be its Proiect Manager under each Statement of Work , who shall act for that party on all matters under the Statement of Work . Each party shall notify the other in writing of any replacement of a Pro1ect Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work . 13. Warranties. (a) Authority. Contractor represents and warrants that: ( 1) Contractor has the full corporate right , power and authority to enter into this Agreement and to perform the acts required of 1t hereunder; (2) the execution of this Agreement by Contractor, and the performance by Contractor of its obligations and duties hereunder. do not and will not violate any agreement to which Contractor is a party or by which it rs otherwise bound under any applicable law. rule or regulation. (3) when executed and delivered by Contractor. this Agreement will constitute the legal valid and binding obligation of such party . enforceable against such party in accordance with its terms . and (4) Contractor acknowledges that City makes no representations warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Contractor warrants that its employees and contractors shall have sufficient skill. knowledge . and training to perform Services and that the Services shall be performed In a professional and workmanlike manner (c) Personnel. Unless a specific number of employees 1s set forth rn the Statement of Work . Contractor warrants 1t will make available sufficient employees to complete lhe Services ordered w1th1n the applicable time frames estabhshed pursuant to this Agreement or as set forth 1n the Statement of Work During the wurse of oerformance of 1000 Englewood Parkway Englewood Co lorado 80110 -237 '· (303) 762-2300 www englawooogov org Services. City rnay, for any or no reason. request replacement of an employee or a proposed employee . In such event. Contractor shall . within five (5) working days of receipt of such i equest from City. provide a substitute employee of sufficient skill, knowledge. and training to perform the applicable Services. Contractor shall require employees providing Services at a City location to comply with applicable City security and safely regulations and polides. (d) Compensation and Benefits. Contractor shall provide for and pay the compensation of employees and shall pay all taxes . .:.;ontributions, and benefits (such as . but not limited to. workers compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Contractor or to any employee for Contractor's failure to perform its compensation. oenefit. or tax obligations. Contractor shall indemnify. defend and hold City harmless trom and against all such taxes. contributions and benefits and wilt comply with all associated governmental regulations. including the filing o f all necessary reports and returns . 14 Indemnification. {a) Contractor Indemnification. ~.:-ontractor shall indemnify detend and hold harmless City, its directors, officers. employees, and agents and the heirs. executors . successors. and permitted assigns of any of the foregoing (the "City lndemnitees") tram and against all direct losses. claims. obligations. demands, assessments. fines and penalties (whether civil or criminal), liabilities. expenses and costs (including reasonable fees and disbursements ot legal counsel and accountants). bodily and other personal n1uries. damage to tangible property, and Jther damages. of any kind or nature. suffered Jr incurred by a City lndemnilee directly ansing from or related to : ( 1) any negligent ac: '1r omission by Contractor or its representatives in the performance of Contractors abhgat1ons under this Agreement or (2) any material breach in a representation . warranty, covenant or obligation of Contractor contained in this Agreement. (b) Infringement. Contractor will indemnify , defend, and hold City harmless from all lndemniflable Losses arising from any third pany claims lhat any Work Product or methodology supplied by Contractor infringes or misappropriates any Intellectual Property rights of any third party; provided, however. that the foregoing indemnification obligation shall not apply to any alleged infnngement or m1sappropnat1on based on. ( 1) use of the Work Product m combination with products or services not provided by Contractor to the extent I hat such infringement or misappropnat1on would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Contractor or its subcontractors; or (3) lJse of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwath-standing anything else contained 1n lh1s Agreement. no obligation to indemnify which 1s set torth 1n this Section 14 shall apply unless i he party claiming mdemmf1cat1on notifies the other party as soon as practicable to avoid any prejudice in the claim . sUlt or proceeding of any matters :n respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof provided . however that the pany claiming indemnification shall have the nghl to participate m any legal proceedings lo contest and defend a claim for indemnrficat1on involving a third party and to be represented by its own attorneys, all at such party s cost and expense provided turther. r1owever that no settlement or compromise nf an asserted third - party claim other than the paymenUmoney may be made without the pnor written consent of the party claiming indemnification ·---· -·-------------···--·-·-·--\OcOEnglewood Parkway Englewood Coloracto 80110-2373 (303) 762-23 00 WW\'1 enqlewoodgov org • • • • • • \. \ I (d) Immunity. City. its officers. and its .;mployees, are relying on. and do not waive or :ntend to waive by any provision of this Agreement. the monetary limitations or any other rights immunities ._ and protections provided by the Colorado Governmental Immunity Act C .R.S . 24-10-101 et seq., as from time to time amended. or otherwise available to City . its officers. or its employees 15. Insurance . (a) Requirements. Contractor shall obtain and ma1ntam during the term of this .'\greement. and shall cause any subcontractor w obtain and maintain during the term of this .O:..greement the minimum insurance coverages listed below Such coverages shall be obtained and maintained with forms and Insurers acceptable to the City. All coverages shall be continuously maintained to cover all liability. claims . demands and other obligations assumed by the Contractor pursuant to this Agreement In the case of any claims-made pohcy the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage ( 1 ) Statutory Worker s Compensation. including occupational disease. in accordance with law. (2) Commercial General Liability Insurance (including contractual liability insurance) providing coverage for bodily 1n1ury and property damage with a combined single hmit of not less than two million dollars ($2.000,000) aggregate . (3) Professional Liability/Errors and Omissions Insurance covering negligent acts, errors and om1ss1ons arising out of Contractors operations or Services m an amount not less than three million dollars ($1 ,000.000) per occurrence ( 4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or m connection with any fraudulent or chshonest acts c ommitted by Contractor personnel acting alone or with others. in an amount not less than one million dollars ($1.000.000) per occurrence (b) Approved Companies. All such insurance shall be procured Nrth such insurance companies of good standing. permitted to do business 1n the country state or territory where the Services are being performed (c) Additional Insured. To the extent that liability results from the neghgent acts of om1ss1ons of Contractor or ·ts agents . the pohcy required by subsection (2 ) shall be endorsed to mclude the City and its officers and employees as additional insureds The additional insured endorsement should be at least as broad as ISO form CG 20 37 All policies of insurance required by this Section shall be endorsed to provide that the coverage afforded under the pohc1es shall not be canceled . terminated or matenally changed until at least 30 days prror written notice has been given to the City The Commercial General Liability policy shall be primary insurance Contractor shall be solely responsible for any deductible losses under any poltcy required above. (d) Certificates. Contractor shall provide City with certificates of insurance ev1denctng compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respect1Ve earners for each year that this Agreement ts in effect. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce. or otherwise materially change the insurance afforded under the above policies unless thirty (30) days notice of su c h cancellation, reduction o r material change has been provided to City 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary m any Statement r:i f 1000 Englewood Parkway E .1glewood. Colorado 80110 ·2 373 1303 62 2. \00 w..vw englewoodgov org l ,., Work. all Intellectual Property Rights in and to the Work Product produced or provided by Contractor under any Statement of Work shall remain the property of Contractor With respect 10 the Work Product. Contractor unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights . a non-exclusive . irrevocable. perpetual worldw1cle. fully paid and royalty-free li cense io reproduce. create derivative works of distribute . publicly perform and publicly display by all means now known or iater developed . such Intellectual property Rights (b) Know-How Notw1thstandtng anything to the contrary herein each party and its respective personnel and contractors shall oe free to use and employ its and their genera l skills . know-how, and expertise . and to use, disclose . and employ any generalized ideas . concepts. know-how. methods. techniques . or skills gained or learned during the course of any assignment . so long as 1t or they acquire and apply such information without disclosure of any Confidential Information of the other party 17 . Relationship of Parties. Contractor is acting only as an independent contractor and does not undertake. by this Agreement . any Statement of Work or otherwise lo perform any ooligation of City. whether regulatory or contractual . or to assume any responsibility far City's business or operations Neither party shall act or represent itself directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work 18 , Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the matters co vered herein 19 . Applicable Law. Contractor shall c omply with all applicable laws m performing Services b ut shall bl.: held harmless for violation of any governmental procurement regulation to which it ma •; be 5ubiect but to which reference is not made in the applicable Statement of Work This Agreement shall be :;onstrued 1n accordance w ith the laws of the State of Colorado. Any action or proceeding brought to mterpret or enforce the prov1s1ons of this Agreement shall be brought before the state or federal court situated in Arapahoe County . Colorado and each party hereto consents to jurisdiction and venue before such courts 20. Scope of Agreement. If the scope of any prov1s1ons of this Agreement 1s too broad in any respect whatsoever to penn1t enforcement to its fullest extent then such prov1s1on shall be enforced to the maximum extent permitted by law , and the parties hereto consent to and agree that such scope may be 1ud1c1ally modified accordingly and that the whole of such provision of this Agreement shall not thereby fail. but that the scope of such prov1s1on shall be curtailed only to the extent necessary to conform to law 21 . Additional Work. After receipt of a Statement of Work, City. with Contractor's consent. may request Contractor to undertake additional work with respect to such Statement of Work in such event, City and Contractor shall execute an addendum to the Statement of Work specifying such addillonal work and the compensation to be paid to Contractor tor such additional work. 22. Subcontractors. Contractor may not subcontract any of the Services to be provided hereunder without the prior written consent of City In the event of any permitted subcontracting. the agreement with such third party shall provide that. with respect to the subcontracted work. such subcontractor shall be subiect to all of the obligations of Contractor spec1f1ed 1n this Agreement. 23 . Notices. Any notice provided pursuant to this Agreement shall be m wnt1ng to the parties at the addresses set forth below and shall be deemed given ( 1) if by hand delivery upon receipt thereof. (2) three (3) days after deposit 111 the United States mails postage 1000 Enqlewou · Parkway , Englewood Colorado 801 10-2373 30J c62-2300 www en glewoodgov org • • • • • • prepaid certified mail , return receipt requested o r (3) .me 1 i day after deposit with a nationally-recognized overnight courier specifying overnight priority delivery Either party may c hange its address for purposes of this A qreement at any time by giving written notice of such change to the other party hereto 24. Assignment. This Agreement may not oe assigned by Gontractor without tne pnor wntten consent of City Except for the prohibition of an assignment contained 1n the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs successors and assigns of the parties hereto 25 Third Party Beneficiaries. This Agieement ts entered into solely for the benefit ;I lhe parties hereto and shall not confer any .-1ghts .Jpon dny person or entity not a party to ·his Agreement. 26 Headings . 'he section headings 1n hi ~· Aqreemenl dre solely for convenience and shall not oe ·_:onsidered m its 1nterpretat1on fhe re c itals set forth on the first page of this Agreement are incorporated mto the body ot this Agreement The exhibits referred to throughout this Agreement and any Statement 1' Work prepare<1 .n conformance with this <\greement are :ncorporareo into this Agreement 27 Waiver The failure of either party at any time to require performance by the other party ol any prov1s1on ot this Agreement shall not eflec t in any way the tull right to require 'iUCh performance at any subsequent time. nor shall the wa iver by e ithe r party of a breach of my pruv is1on o f this Ag reement be taken or held to be a wa iver of the provision itself 28 . Force Majeure If performance by Contracto r of an y se rvi c e o r obligation under this Ag re eme nt s pre ve nted . restncied delayed or mte rie re ri wi t h by reason of labor d isputes. s trikes 3ct s of God. floods, lightning severe weather, shortages of materials, rattoning utility or communications failures . earthQuakes. war. revolution , c1vil commotton . acts of oubltc enemies , blockade, embargo or any :aw . order, proclamation. regulal!on . ordinance . demand or requirement havmg legal effect of any governmental or Judicial authority or representative of any such qovernment or any other act whether s1m1lar or dissimilar to those referred to in this clause which are beyond the reasonable control of Contractor . then Contractor shall be excused lrom such performance to the extent of such prevention. restriction, delay or interference. If the period of such delay exceeds thirty (30) days. City may, without liability , terminate the affected Statement of Work(s) upon written notice to Contractor. 29 . Time of Performance. Time 1s expressly made of the essence with respect to each and every term and prov1s1on of this Agreement 30 . Permits. Contractor shall at its own expense secure any and all licenses permits or certificates that may be reqwred by any federal. state or local statute. ordinance or regulation for the performance of the Services under the Agreement Contractor shall also comply with the provisions of all Applicable Laws in performing l he Services under the Agreement At its own expense and at no cost to City , Contractor shall make any change. alteration or modification that may be necessary to comply with any Applicable Laws that Contractor failed to comply with at the time of performance of the Services. 31 Media Releases. Except for any announcement intended solely for mternai d istnbulton '.1 y Contractor or any disclosure required by legal accounting . or regulatory requirements beyond the reasonable control of Contractor. all media releases. pubhc announcements . or public disclosures (i ncluding hut not limited to. promotional or ma~eting material) by Contractor or 1ts e mployees or agents relat ing to this 1 000 Eng lewood -Parkwa y Eng!ewood . Co lorailo 801 10-2373 po:l) "/6'.l-2300 WWW e 11 g lP.VllO Oll(j OV mg Agreement or its subject matter . or includin g the name . trade mark or symbol at City . shal l be coordinated with and approved in writing b y City pnor to the release thereof Contractor shall not represent directly or indirectly that any Services provided by Contractor to City has been approved or endorsed by City or include the name . trade mark. or symbol of City on a list of C ontractors customers without City s express written consent 32 Nonexclusive Market and Purchase Rights It 1s e){pressly understood and agreed that this Agreemenl does not grant to Contractor an excluswe right to provide to City any or all of the Services and shall not prevent City tram acquiring from other suppliers services s1m1lar to the Services Contractor agrees that acquis itions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions Estimates or forecasts furnished by City to Contractor prior to or dunng the term of this Agreement shall not constitute commitments 33. Survival. The prov1s1ons at Sections 5 8(9) 10 . 11 . 13. 14. 16 . 17 . 19. 23. 25 and 31 shall survive any expiration or termrnahon tor any reason of this Agreement IN WITNESS WHEREOF the parties lo this Agreement have caused 1l to be executed by their authorized officers as of the day and year first above wntten This Agreement may be executed in • ounlerparts. each of which shall be deemed an original. but all of which together shall constitute one and the <;ame instrument CITY OF ENGLEWOOD. COLORADO (Department Diroctor \ By _________________ Date : ____ _ :city manager) By . ----~-----------Date : _____ _ ,Mayor) ATTEST (C ty "':lwk ,1 1000 Englewood Pnrkway Englewood Colora<lo 80110-2373 1303 ) 7{-i2-2300 VNIW 1.:ngrewoo dgov ory • • • •' • • • (Consullant Name) Denvtr-, LO, Title: 4tccu."'n J / tfet1qs··r - Date: :)// 3/.'J. () lb STATE OF ______ ) ) SS COUNTY OF ______ ) On tt11s ____ day of 20_ betore me personally appeared ___ _ ---------·known lo me to be the _________ of --------------------· the corporation that executed the within and foregoing instrument, and acknowledged the said mslrument 10 be lhe free and voluntary act and deed of sa1d corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument IN WITNESS WHEREOF , I have hereunto set my hand and attixed my official seal the day and year first above wntten . My c:omm1ss1on expires: --------- NOTARY 1000 Englewood Parkway Enq iewood . Colorado 80 110-2373 J03 62 2300 www englewoodqov org SCHEDULE A OUTLINE OF STATEMENT OF WORK GENERAL The Doyle Group 7535 E. Hampden Ave . Suite 405 Denver. CO 80231 Protessional Services will begin on Monday . May 16, 2016 2 NAMES OF PROJECT COORDINATORS Dan Snyder The Doyle Grmip Margaret Brocklander . City of Englewood SUMMARY OF PURPOSE FOR STATEMENT OF WORK The Sr Network Engineer position is a s1x-munth consultant to hire position. The Sr Networ1< Engineer will be responsible for maintaining . upgrading and security of the City of Englewood s network. including operating systems and telecommumcatrons systems. installs, configures, and mamtams both physical and virtual computer servers: e-mail system and other related hardware/software . performs other related duties as assigned EQUIPMENT ANO PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) None 5 OTHER CONSULTANT RESOURCES None 6 DESCRIPTION OF WORK PRODUCT AND DELIVERABLES This position is responsible for identifying security risks. threats and vulnerabilities of networks, systems apphcallons and new technology initiatives. Provide complex engineering analysis and support for firewalls, routers. networks and operating systems. React to and initiates corrective action regarding security violations, attempts to gain unauthorized access, virus infections that may affect the network or other event affecting security Oversee user access process to ensure operational integrity of the system . Enforce the information security configuration and mamtams system for issuing , protecting, changing and ·evoking passwords Develop technical and programmatic assessments. evaluates engineering and integration initiatives and provides technical support to assess security pohc1es standards and guidelines. Develops. implements . enforces and communicates security policies and/or plans for data software applications. hardware and telecommunications . Pertorms •:omplex product evatuallons, recommends and implements products/services . Vahdates and tests wmptex security architecture and design solutions to produce detailed engineering specifications with recommended vendor technologies. Review. recommend and 1000 En!'.fewood Parle.way . Englewood. Colorado 80110-2373 (303) 762-2300 www eng!owoodgov o rg • • • • • • oversee the mstallatton modification or replacement of hardware or software components and any configuration change(s) that affects security Provides complex technical oversight and enforcement ot security directives, orders. standards, plans and procedures at server sites Ensures system support personnel rece1ve/mamtain secunty awareness and training Provides leadership and work guidance to less experienced personnel [Include functional and technical specifications of Work Product and Documentation. ancl refer to anv specific enhancements that may be sought.I 7 SPECIAL TERMS . IF ANY None 8 MODE OF PAYMENT Vendor wtll 1nvorce tor the number of hours worked 9 PAYMENT SCHEDULE 10 Vendor will submit weekly 1nvo1ces for payment Accounts Payable checks are issued every two weeks City will pay Consultant for the work in accordance with the following payment schedule All payments to Consultant are contingent on Consultant's satisfying the Oehverables/Milestones set forth in the Payment Schedule Payments shall be made upon City s written confirmation to Consultant that the Dehverables-Milestones have been satisfied . SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones tor the preparation and dehvery of the Dehverables by Consultant . Pertormance Milestone FQON AD Reconstruct Firewall Assessment Firewall Redesign Firewall Security Improvements SCCM Image Desktop/Laptop Inventory Establish Desktop Annual Replacement Plan Responsible Party The Doyle Group The Doyle Group The Doyle Group The Doyle Group The Doyle Group The Doyle Group The Doyle Group The Doyle Group VOiP Upgrade The Doyle Group Self-Service Spam The Doyle Group Public Wi-Fi Improvement Plan The Doyle Group SAN Valuation & Recommendations The Doyle Group Network Assessment The Doyle Group Back-ups Strategy The Doyle Group Network Strategic Plan The Doyle Group Target Date 06/13/16 06/13/16 06/13116 07/01/16 07/01/16 07/01/16 06/30/16 07/15/16 07/29116 08/01/16 08/01116 09/16/16 09/30116 10/03/16 11/11/16 · ------··-----·-· ··----To oo Engi~wood Parkway Englewood :~·:toraoo 80110-2373 (:103~ 762-2300 www enqlewoooqu ·. or9 11 ACCEPTANCE AND TESTING PROCEDURES 12 LOCATION OF WORK FACILITIES City w1fl provide the City ottice space and support as 1t agrees may be appropriate at its Civic Center facility IN WITNESS WHEREOF , pursuant and in accordance with the Professional Services Agreement between the parties hereto dated . 2016 . the parties have executed this Statement of Work as of this day of . 2016 - CITY OF ENGLEWOOD. COLORADO By Signature ) Pnnl Namti1 Title Title Ac< L"' ( 1 ·" J. ,/l/011 rye:. c Date S/ ( 3/d.. 0 i6 , ' ·-----------· -----· ili -o ~nui;~:~~dP-;rk~ny , Englewood Color<1clo 80110-2373 1303) 7f.2 -230il www englewooogov org • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: July 5, 2016 11 ciii Professional Services Agreement with TEKsystems, Inc. Initiated By: Staff Source: Information Technology Margaret Brocklander, Director IT PREVIOUS COUNCIL ACTION RECOMMENDED ACTION Staff recommends Council approve by motion A Professional Services Agreement with TEKsystems, Inc. for Systems Administration services. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Information Technology Department had several unfilled positions . The support team was staffed to support business applications and provide desktop support. The specialized skill sets necessary to manage the servers, storage and backups were vacant and needed to be filled urgently. Staffing firms were utilized to find qualified candidates in lieu of the direct hiring process to mitigate risk as quickly as possible. Hiring an IT professional can be a lengthy process searching for the ideal candidate and would have extended the risks. Utilizing staffing firms provided the opportunity to bring on highly skilled staff to meet the demands of City business expeditiously and without interruption to productivity. Several qualified firms were contacted and many candidates were interviewed; however, TEKsystems, Inc. provided the most experienced candidate with Server Administration skills and the best fit for the team. FINANCIAL IMPACT The TEKsystems, Inc. agreement is not to exceed $36,000 over a 3-month term; Funds for the agreements are included in the adopted FY-2016 Budget. LIST OF ATTACHMENTS Professional Services Agreement RECE~VED Mt\Y 8 2016 .. . ENGLEWOOD, CO EnYOFlewood OF THE CITY ATTORNEY gAOMINISTAATIVE SERVICES PROFESSIONAL SERVICES AGREEMENT Information Technology IT/PSA/16-17 TEKsystems, Inc. Temp Staff Systems Administrator (Contract not to exceed $36,000) This Professional Services Agreement (the "Agreement•) Is made as of this ....lJ!:. day of µ'lJ.i , 2016, (the ~Effective Date") by and TEKsystems, Inc., a Colorado corporation rcon ctor"), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the state of Colorado ecity ~). City desires that Contractor, from time to time, provide supplemental staffing services only on a time and materials basis, and City is providing technical direction and supervision of the Contract Employees who render these services ("the Services"), and Contractor desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending lo be legally bound, agree as follows: 1. Ceflnltlons. The terms set forth below shall be defined as follows: (a) "Intellectual Property Rights~ shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, Including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, Initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights In any of the foregoing). (b) "Work Product" shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential infonnatlon, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Contractor, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein , Contractor agrees to provide, on an as requested basis, the Services, and related services as further described in 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.eng lewoodgov .org I: '. , 1 • t I l .1; I.· l ,. '· 1.J· •• • • ,., ' 1-. ' · d · r ·., ·~· ... d ~ '..,·. • • • • • Schedule A (the KStatement of Work") for City, and in such additional Statements of Work as may be executed by each of the parties hereto from Ume to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall Incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Contractor shall perform the Services necessary to complete all projects outlined In a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Contractor agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined In a Statement of Work. (b) Delays. Contractor agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Contractor's ability to meet the requirements of the Agreement, or that Is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given In the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are In conflict, Consultant shall secure written instructions from City's project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided In a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined In the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the rollowing notification with respect to the disputed portion of the Invoice. City shall notify Contractor as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Contractor the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Contractor for any taxes attributable to the sale of any Services which are Imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Contractor. Upon written notification by City and subsequent verification by Contractor, Contractor shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Contractor with, and Contractor shall accept In good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Contractor shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance In writing by City, provided Contractor has 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org 2 furnished such documentation for authorized expenses as City may reasonably request. 7. Audits. Contractor shall provide such employees and independent auditors and Inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Contractor's operations and compliance with this Agreement. Contractor shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Contractor are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless this Agreement is terminated as provided In this Section 8. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Contractor, pay Contractor for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks wlll be charged as Indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Wor1<. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its Intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces In the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or Insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or Insolvency laws Is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party Is subject to Article X, § 20 of the Colorado Constitution ("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 and, notwithstanding anything In this Agreement to the contrary, all payment obllgatlons of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 • • • • • appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel , systems and information required for Contractor to perform its obligations hereunder. City shall provide to Contractor's employees performing its obligations hereunder at City's premises. without charge, a reasonable work environment In compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Contractor, obtain all consents, licenses and subllcenses necessary for Contractor to perfonn under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 1 o. Staff. Contractor is an independent contractor and neither Contractor nor Contractor's staff Is, or shall be deemed to be employed by City. City is hereby contracting with Contractor for the Services described In a Statement of Work and Contractor reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Contractor or Contractor's staff, and City shall not be required to hire, supervise or pay any assistants to help Contractor perform the Services under this Agreement Except to the extent that Contractor's work must be performed on or with City's computers or City's existing software, all materials used in providing the Services shall be provided by Contractor . 11. Confldentlal lnfonnatlon. (a) Obligations. Each party hereto may receive from the other party Information which relates to the other party's business, research, development, trade secrets or business affairs ("Confidential Information"). Subject to the provisions and exceptions set forth in the Colorado Open Records Act. CRS Section 24-72-101 el seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination ur ili:i own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or Independent contractor of such party requiring access to the same In order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent contractors are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any Identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential lnfonnatlon by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing In this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential lnfonnatlon of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 4 by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) Is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Contractor shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if any of them, their officers, employees or anyone obtaining access to the Confidential lnfonnation of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, In the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violatlon of this Section 11 would be impossible to calculate and would therefore be an Inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent Injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Contractor represents and warrants that: (1) Contractor has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Contractor, and the performance by Contractor of its obligations and duties hereunder, do not and will not violate any agreement to which Contractor is a party or by which it Is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Contractor, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party In accordance with its terms; and (4) Contractor acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Contractor warrants that its employees and contractors shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed In a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth In the Statement of Work, Contractor warrants it will make available sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org • • • • • • Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Contractor shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Contractor shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensatfon and Benefits. Contractor shall provide for and pay the compensation of employees and shall pay all taxes, contributions. and benefits (such as, but not limited to, workers' compensation benefits) which an employer Is required to pay relating to the employment of employees. City shall not be liable to Contractor or to any employee for Contractor's failure to perform its compensation, benefit, or tax obligations. Contractor shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Contractor Indemnification. Contractor shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing {the "City lndemnitees") from and against all direct losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City lndemnitee directly arising from or related to: (1) any negligent act or omission by Contractor or its representatives in the performance of Contractor's obligations under this Agreement, or (2) any material breach In a representation, warranty, covenant or obligation of Contractor contained in this Agreement. (b) Infringement. Contractor will indemnify, defend, and hold City harmless from all lndemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Contractor infringes or misappropriates any Intellectual Property rights of any third party; provided , however, that the foregoing indemnification obligation shall not apply to any alleged Infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Contractor to the extent that such Infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Contractor or Its subcontractors; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth In this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice In the claim, suit or proceeding of any matters In respect of which the Indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming Indemnification shall have the right to participate In any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by Its own attorneys, all at such party's cost and expense: provided further, however, that no settlement or compromise of an asserted third- party claim other than the paymenUmoney may be made without the prior written consent of the party claiming indemnification . 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762·2300 www .englewoodgov.org (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Contractor shall obtain and maintain during the term of this Agreement, and shall cause any subcontractor to obtain and maintain during the term of this Agreement, the minimum Insurance coverages listed below. Such coverages shall be obtained and maintained with forms and Insurers acceptable to the City. All coverages shall be continuously maintained to cover all llabllity, claims, demands and other obligations assumed by the Contractor pursuant to this Agreement. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage . (1) Statutory Worker's Compensation, including occupational disease, in accordance with law. (2) Commercial General Liability Insurance (including contractual liability insurance) providing coverage for bodily Injury and property damage with a combined single limit of not less than two million dollars ($2,000,000) aggregate. (3) Professional Liability/Errors and Omissions Insurance covering negligent acts, errors and omissions arising out of Contractor's operations or Services in an amount not less than three million dollars ($3,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or In connection with any fraudulent or dishonest acts committed by Contractor personnel, acting alone or with others, In an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such Insurance shall be procured with such Insurance companies of good standing, permitted to do business In the country, state or territory where the Services are being performed. (c} Additional Insured. To the extent that liability results from the negligent acts of omissions of Contractor or its agents, the policy required by subsection (2) shall be endorsed to include the City and its officers and employees as additional Insureds. The additional insured endorsement should be at least as broad as ISO form CG 20 37. All policies of insurance required by this Section shall be endorsed to provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days prior written notice has been given to the City. The Commercial General Liability policy shall be primary Insurance. Contractor shall be solely responsible for any deductible losses under any policy required above. ( d) Certificates. Contractor shall provide City with certificates of insurance evidencing compliance with this Section 15 (Including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement ls in effect. Each certificate of Insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days' notice of such cancellation, reduction or material change has been provided to City. 16. Rights In Work Product (a} Generally. Except as specifically agreed to the contrary in any Statement of 1000 Englewood Parkway. Englewood, Colorado 80110-2373 (303) 762·2300 www .englewoodgov.org 7 • • • • • • Work, all Intellectual Property Rights In and to the Work Product produced or provided by Contractor under any Statement of Work shall remain the property of Contractor. With respect to the Work Product, Contractor unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and contractors shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized Ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Contractor is acting only as an independent contractor and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City's business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized In a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. 19. Applicable Law. Contractor shall comply with all applicable laws tn performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work . This Agreement shall be construed In accordance with the laws of the State of Colorado. Any action or proceeding brought to Interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Addltlonal Work. After receipt of a Statement of Work, City, with Contractor's consent, may request Contractor to undertake additional work with respect to such Statement of Work. In such event, City and Contractor shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Contractor for such additional work. 22. Subcontractors. Contractor may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such subcontractor shall be subject to all of the obligations of Contractor specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 8 .· prepaid, certified mall, retum receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying ovemlght priority delivery. Either party may change Its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment This Agreement may not be assigned by Contractor without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement Is entered Into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreemenl 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in Its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement The exhibits referred to throughout this Agreement and any Statement of Work prepared in confonnance with this Agreement are incorporated into this Agreement 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Contractor of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Contractor, then Contractor shall be excused from such performance to the extent of such prevention, restriction, delay or Interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Contractor. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Contractor shall at its own expense secure any and all licenses. permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Contractor shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Contractor shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Contractor faUed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for intemal distribution by Contractor or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Contractor, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Contractor or its employees or agents relating to this 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762·2300 www .englewoodgov .. org 9 • • • • • • Agreement or its subject matter, or Including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Contractor shall not represent directly or indirectly that any Services provided by Contractor to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Contractor's customers without City's express written consent 32. Nonexclusive Market and Purchase Rights. It Is expressly understood and agreed that this Agreement does not grant to Contractor an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppllers services similar to the Services. Contractor agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Contractor prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, B(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ---......,,,,-...,.-.....,.,,,.......,...,..------Date: ____ _ (Department Director) By: ___ _,..,,.,.,...----------Date: ____ _ (City manager) By: ________________ Date: ____ _ {Mayor) ATIEST: _________ _ (City Clerk) 1000 Englewood Paikway :-Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 10 . . (Consultant NamtlY AddreH City, Stab», Zip Code By: ~L .. _ ~ (Print Name) Title: Au.ot.LlfT' M.wAML Date: f · 11 • /(, STATE OF~~~~~~ ) SS. COUNTY OF_~~~~~ On this ____ day of ________ , 20_, before me personally appeared ___ _ --------· known to me to be the of .,..-------------------' the corporation that executed the within and foregoing instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath staled that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My commission expires:-------- NOTARY 1000 Englewood Parkway, Englewood, Colorado 60110·2373 (303) 762-2300 www .englewoodgov.org II • • • • • • SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL TEKSystems 6300 S Syracuse Way, Suite 750 Centennial, CO 80111 Professional Services will begin on Monday, April 28, 2016 2. NAMES OF PROJECT COORDINATORS 3. Jacob House, Account Manager Margaret Brocklander, City of Englewood SUMMARY OF PURPOSE FOR STATEMENT OF WORK The Systems Administrator position Is a three-month consultant to hire position. The Systems Administrator provides IT Operations support for 24x7 LANs and associated applications, peripherals, connectivity and end-users in a Tier ill capacity . 4, EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) None 5. OTHER CONSULTANT RESOURCES None 6. DESCRIPTION OF WORK PRODUCT AND DEUVERABLES The system administrator Is responsible for the upkeep, configuration, and reliable operation of computer systems; especially multi-user computers, such as servers. The system administrator seeks to ensure that the uptime, performance, resources, and security of the computers he or she manages meet the needs of the users. To meet these needs, the system administrator may acquire, install, or upgrade computer components and software; provide routine automation; maintain security policies; troubleshoot; train staff; or offer technical support for projects. The Systems Administrator is accountable for Linux and Windows systems that support GIS infrastructure; Linux, Windows and Application systems that support city operations; Responsibilities on these systems include SA engineering and provisioning, operations and support, maintenance and research and development to ensure continual innovation [Include functional and technical specifications of Work Product and Documentation, and refer to any specific enhancements that may be sought.} 1000 Englewood Parkway. Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 7. SPECIAL TERMS, IF ANY None 8. MODE OF PAYMENT Vendor win invoice for the number of hours worked. 9. PAYMENT SCHEDULE Vendor will submit weekly Invoices for payment. Accounts Payable check runs are every two weeks. City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultanf s satisfying the Dellverables/Milestones set forth In the Payment Schedule. Payments shall be made upon City's written confirmation to Consultant that the Deliverables-Milestones have been satisfied . 10. SCHEDULE ANO PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Performance Responsible Target Milestone Party Date Server Patches TEKsystems 05/27/16 AD Reconstruct TEKsystems 06/13/16 User Access Administration TEKsystems 06/13/16 Servers Assessment TEKsystems 07/01/16 Decommission Servers TEKsystems 07/29/16 SCCMlmage TEKsystems 07/01/16 Desktop/Laptop Inventory TEKsystems 06/30/16 Establish Desktop Annual TEKsystems 07/15/16 Replacement Plan VOiP Upgrade TEKsystems 07/29/16 Self-Service Spam TEKsystems 07/29/16 Licensing Strategy TEKsystems 07/29/16 User Profiles TEKsystems 07/29/16 Back-ups Strategy TEKsystems 07/29/16 11. ACCEPTANCE AND TESTING PROCEDURES 12 . LOCATION OF WORK FACILITIES City will provide the City office space and support as it agrees may be appropriate, at its Civic Center facility. IN WITNESS WHEREOF , pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 2016, the parties have executed this Statement of Work as of this . day of , 2016 . 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www _englewoodgov .org t i '• ' '·~~I !,, 1 '-' I l···•;·'.tt -... !1 :. 'h:i·, 11•1:1 j'. , ·•.1 1~:1 1 1.•.· •. "" •:t t t·•· l l • • • • • • CITY OF ENGLEWOOD, COLORADO By: ___ ~------- (Slgnatora) (Print Name) Title: ____________ _ Date: ____________ _ By: __ __...r'?J___,,,.=;<-,1/.~ -~=>ic:. ----- ' ~'r; (Print Name) Title: __ ....,...tf...,.C4CYM= .............. .u .... tfN4 .... =i ... u..._ ___ _ Date: __ __..'5'--·""11'-'·""I""'(., ______ _ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org J4 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Approval of Political Consultant Agreement for July 5, 2016 11civ Safety Services Building Replacement effort Initiated By: Department of Finance and Staff Source: Kathleen Rinkel, Director of Administrative Services Finance and Administrative Services PREVIOUS COUNCIL ACTION Council has indicated in their Council goal setting that replacing the Police/Safety Services Building is a priority for the City. During the Council Study session on June, 27 , 2016, direction was provided to move forward with the replacement effort and develop a ballot issue requesting voter approval for a General Obligation bond to fund the building replacement. RECOMMENDED ACTION Staff recommends Council approve by motion the Agreement for Political Consulting services provided by Mile High Public Affairs to include development of public relations/communications plan , provide media consulting , and conduct voter surveys to determine community support of the City's efforts in developing a ballot issue and campaign for the Safety Services building replacement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A feasibility study and finance analysis was completed and presented to Council on June 27 , 2016, to validate the need for replacing the Safety Services Building . The feasibility study showed that the building is in need of major improvements to make it a healthy and safe environment for both the community and the employees working in the building . The net present value of these improvements comes at a higher cost than the net present value of a total building replacement. The financial analysis showed that the most cost effective and equitable method for financing was to issue a General Obligation Bond . This will require voter approval and is targeted for the November 2016 election . Assistance from Mile High Public Affairs will be needed to develop community support and strategy for a successful election result. FINANCIAL IMPACT Cost of this contract for Political Consulting services with Mile High Public Affairs is $30 ,000. LIST OF ATTACHMENTS Mile High Public Affairs contract for approval June 28, 2016 Mr. Eric Keck City Manager City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Re: Proposal for Consulting Services Dear Eric: Thank you for your request for a proposal for services from Mile High Public Affairs [hereinafter MHPA] to assist in the development and implementation of your public relations outreach program as it pertains to a • potential 2016 Bond Issue. This correspondence lays out the parameters of a contract for services between • MHPA and City of Englewood [hereinafter Englewood]. The terms below propose both the scope of the work to be perfonncd by MHPA for ENGLEWOOD and compensation to be paid by ENGLEWOOD to MHPA for said services. SCOPE OF WORK TO BE PERFORMED BY MHPA MHPA will work as a public affairs consultant on behalf of ENGLEWOOD. MHP A shall accomplish this by: I. Working with ENGLEWOOD staff. Board and consultants to develop a public relations/communications plan and messaging designed to provide the city of ENGLEWOOD with a factual basis supporting the need for a potential bond. 2. Providing media consulting as it relates to an ENGLEWOOD potential bond issue exploration. 3. Providing general public affairs/community relations and strategy advice to the professional staff at ENGLEWOOD as it pertains to no ENGLEWOOD potential bond issue exploration. 4. Work with a pollster to conduct appropriate community surveys upon the approval of the City Manager to detennine community support for the areas described above. Actually survey costs responsibility of Englewood. MHPA will work collaboratively with the City Manager and investment banking team. • • PAYMENT FOR SERVICES MHPA would be contracted by ENGLEWOOD effective July 1, 2016 to work on behalf of ENGLEWOOD through September 1, 2016. MHPA will be paid a $30,000 consulting fee in two (2) monthly installments, the first $15,000 installment is due on July 1, 2016; the second is due on August 1, 2016. All collateral materials and media for ENGLEWOOD, including brochures, direct mail, radio, television, and internet based media will be produced by MHP A. These additional consulting services will be provided to ENGLEWOOD at an extra additional charge to the organization, as generally accepted as part of the business in the industry. Beyond that, additional charges may apply as would be separately discussed. Media production costs will remain the financial responsibility of the ENGLEWOOD committee and will pay the quoted price with no additional mark-ups. ENGLEWOOD will pay MHPA in full after final approval of design and before each piece is broadcasted, printed or mailed. MHPA will provide an invoice to ENGLEWOOD monthly for out-of-pocket expenses incurred by MHPA on behalf of ENGLEWOOD. Out-of-pocket expenses incurred on your behalf by MHP A may include, but need not be limited to: Photography, printing, messenger service, duplicating. telefax, travel, postage, and extraordinary telephone expenses such as long-distance charges, conference call expenses or Smart Phone charges. All invoices are subject to payment within thirty (30) days. If not paid within thirty days, it is agreed that any unpaid balance due shall accrue interest at the rate of2% (two percent) per month and that ENGLEWOOD shall be liable for all the costs of collection including reasonable attorney's fees. In the event ENGLEWOOD questions the validity of any charge by MHPA, payment for only that portion under question may be delayed, provided you express your objection in writing within twenty days of the date of the invoice. In the event of a • dispute, the prevailing party will be entitled to collect all reasonable fees. • THE BUSINESS OF MHPA This proposal does not preclude MHPA from providing community/public relations services to other school districts or educational organizations, municipalities, districts, counties, associations, companies, or committees not previously identified or mutually agreed upon by ENGLEWOOD nnd MHPA. PROTECTION OF MHPA While it is understood that MHPA will talce all prudent care possible in the development of material to be issued, we cannot Wldertake to verify facts supplied by ENGLEWOOD. PROTECTION OF ENGLEWOOD No major out-of-pocket expenses in excess of$250 will be undertaken by MHPA without the prior approval of ENGLEWOOD. We will maintain records of all expenditures made on your behalf. We will be prepared to supply reasonable supporting detail of these expenses as requested by ENGLEWOOD. MHPA operations are guided by the Code of Professional Standards for the practice of public relations as adopted by the Public Relations Society of America. All information, facts and figures that come to our attention will be handled in a confidential manner . TABOR Provision The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado • Constitution ("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 and, notwithstanding anylhing in this Agreement to the CQntrary , all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made availab le in accordance with the rules , regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds , this Agreement shall be deemed terminated. Upon agreement and signature, MHPA will rely on this proposal as a contractual obligation in its business commitment planning going forward and a written contract to confinn our understanding will be forwarded. At that time, please kindly review the document, sign where indicated and return the executed copy to MHP A . A second copy will be included for your file. Once again, it is a pleasure to submit a proposal for services to ENGLEWOOD and we look forward to working with you throughout the election cycle. Sincerely, L/:onn tlntz Mile High Public Affairs 303-905-3060 Accepted by: City of Englewood . Title • • • • • Mile High Public Affairs Proposed Activities (additions are likely) • Decide to conduct community survey on city services (July 5) • Draft Survey (week of 7 /11) • First Draft of Survey to Englewood (July 13) • Comment Due Back to Pollster (July 14) • Final Draft of Survey to Englewood (July 15) • Community Survey in Field (Week of July 18) • Conduct meetings with community leaders-ongoing (Chamber, merchants assoc., etc.) • Presentation of Survey Results to City Council (August 1) • Public Relations Outreach -National Night Out Police -Neighborhood Partnership (August 2) • Draft Ballot Language (August 2-7) • Public Relations Outreach continues (August 1-August 15) • Draft Public Safety Newsletter (first week of Aug) • First Reading of Ballot Language (August 15) • Public Safety Community Newsletter -printed and distributed (August 18 -27) • Second Reading of Ballot Language and Resolution (September 6) • Finalize community meetings (Sep 5-9)