HomeMy WebLinkAbout2014-01-06 (Regular) Meeting Agenda Packet'
1 . Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, January 6, 2014
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regular City Council Meeting of December 16, 2013.
6. Recognition of Scheduled Public Comment. (This is an opportunity for the public to address City
Council. Council may ask questions for clarification, but there will not be any dialogue. Please limit
your presentation to five minutes.
7. Recognition of Unscheduled Public Comment. (This is an opportunity for the public to address City
Council. Council may ask questions for clarification, but there will not be any dialogue. Please limit
y our 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.
8. Communications, Proclamations, and Appointments.
a. Vincent Atencio will be sworn in as Municipal Judge for the City of Englewood by the
Honorable Randall J. Davis.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303·762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
January 6, 2014
Page 2
9. Consent Agenda Items.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 1 -Recommendation from the Police Department to adopt a bill for
an ordinance authorizing the application for and acceptance of funds from the
Colorado Department of Transportation for programs related to traffic safety education
and enforcement through calendar year 2016. Staff Source: Jeff Sanchez, Deputy
Chief of Police.
b . Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
i. Recommendation from the Department of Finance and Administrative Services, City
Clerk's Office, to approve a resolution designating the bulletin board on the north side
of the second floor of the Englewood Civic Center as the Official Posting Place for all
Legal Notices for the City of Englewood for 2014. Staff Source: Frank Gryglewicz,
Director of Finance and Administrative Services and Loucrishia A. Ellis, City Clerk.
10. Public Hearing Items. (None Scheduled)
11 . Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading.
i. Council Bill No. 2 -Recommendation from the Information Technology Department to
adopt a bill for an ordinance authorizing the application for and acceptance of grant
funds from the State of Colorado for cyber security infrastructure. Staff Source: Jeff
Konishi, Director of lnfonnation Technology.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
i. Recommendation from the Department of Information Technology to approve, by
motion, continuance of the annual maintenance contract for the City's Oracle System
for 2014. Staff Source: Jeff Konishi, Director of Information Technology.
ii. Recommendation from the Public Works Department to approve, by motion, the
purchase of a street sweeper for the Streets Division. Staff recommends awarding the
contract to National Joint Powers Alliance, the lowest acceptable bidder, in the
amount of $170,240. Staff Source: Pat White, FleetjServiCenter Manager and Brad
Hagan, Streets Maintenance Manager.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
'
Englewood City Council Agenda
January 6, 2014
Page 3
iii. Recommendation from the Public Works Department to approve, by motion, the
purchase of a wheel loader for the Streets Division. Staff recommends awarding the
contract to Power Equipment Company, the lowest acceptable bidder, in the amount
of $110,479. Staff Source: Pat White, Fleet/ServiCenter Manager and Brad Hagan,
Streets Maintenance Manager.
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
15 . Adjournment.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
January 6, 2014
PLEASE LIMIT YOUR PRESENTATION TO THREE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 6, 2014 9 a i Colorado Department of Transportation
Funding -Traffic Safety Education and
Enforcement Projects
Initiated By: Staff Source:
Police Department Jeff Sanchez, Deputy Chief
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
For a number of years, the Englewood Police Department has participated in a variety of traffic safety
education and enforcement programs that are either funded or sponsored by the Colorado Department of
Transportation (COOT). We expect to continue our participation in these programs for the foreseeable
future .
• RECOMMENDED ACTION
•
The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing the
Englewood Police Department to accept both state and federal funding for traffic safety enforcement and
education projects for calendar years 2014 through 2016.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Colorado Department of Transportation {COOT) has solicited police departments throughout the State
of Colorado, including the Englewood Police Department, to participate in traffic safety education and
enforcement programs . COOT provides both State funding and Federal pass-through funding for these
programs. COOT often gives very little notice when they announce their safety campaigns; therefore this is
a comprehensive request for all COOT projects initiated with this funding in 2014, 2015, and 2016.
We actively participate in state-funded enforcement programs such as the High Visibility Impaired Driving
Enforcement Program. We also participate in federally-funded traffic safety education and enforcement
programs such as the Mini-Grants Program and the Click It or Ticket Program .
FINANCIAL IMPACT
The state funding is from the Colorado Department of Transportation (COOT). The Federal funding is
through U .S. Department of Transportation, National Highway Traffic Safety Administration {NHTSA), State
and Community Highway Safety passing through to the Colorado Department of Transportation {COOT).
Overtime costs for police officers are reimbursed to the Englewood Police Department by COOT. This •
funding allows us to be more proactive in our enforcement efforts throughout the year.
The amount of funding varies by year. In 2013, we received approximately $43,592.50.
LIST OF ATTACHMENTS
Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 1
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING INTERGOVERNMENTAL AGREEMENTS FOR THE
APPLICATION FOR AND ACCEPTANCE OF COLORADO DEPARTMENT OF
TRANSPORTATION GRANTS AWARDED TO THE CITY OF ENGLEWOOD FOR
VARIOUS PROJECTS RELATED TO TRAFFIC SAFETY EDUCATION AND
ENFORCEMENT DURING CALENDAR YEARS 2014, 2015, and 2016 .
WHEREAS, the Colorado Department of Transportation (CDOT) has solicited city police
departments throughout the State of Colorado, including the City of Englewood, to participate in
traffic safety education and enforcement programs ; and
WHEREAS, some of the funds are State funds and some are Colorado Department of
Transportation (CDOT) pass-through of Federal Funds ; and
WHEREAS , the Englewood City Council authorized the application for and acceptance of
CDOT Grants for projects related to traffic safety education and enforcement during the calendar
years of 2011, 2012 and 2013 by the passage of Ordinance No. 19, Series of 2012 ; and
WHEREAS , CDOT often gives little notice when they announce their safety campaigns, the
application and notice of awards are done by e-mail; and
WHEREAS , the passage of this Ordinance will authorize the City of Englewood to accept
funding from the Colorado Department of Transportation (CDOT) for various projects related to
traffic safety education and enforcement for all projects initiated in 2014, 2015 , and 2016 ; and
WHEREAS , federal funds are being used for these projects .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of the Colorado Department of Transportation Grant awarded to the City of
Englewood for funding of various projects related to traffic safety education and enforcement
during calendar years 2014, 2015 , and 2016 .
Section 2. The City Manager is hereby authorized to apply for and accept Colorado
Department of Transportation grant awarded to the City of Englewood for and on behalf of the
City of Englewood, Colorado for the calendar years 2014 , 2015, and 2016 , attached hereto as
Exhibit A.
Section 3 . The Traffic Safety and Education program funds such as mini grants for education •
and the Click It or Ticket program are received from the Colorado Department of Transportation
which are passed through from the U.S . Department of Transportation and the National Highway
of Transportation and Safety Administration -State and Community Safety. These funds are
used to reimburse the City for personnel overtime costs for these projects so the costs to the City
are limited to the costs of processing and accounting of the funds, which costs are budgeted
annually in the Police budget.
Section 4 . The funds for the "High Visibility Impaired Driving " Program are State of
Colorado funds which are used to reimburse the City for personnel overtime costs for these
projects so the costs to the City are limited to the costs of processing and accounting of the
funds , which costs are budgeted annually in the police budget.
Introduced, read in full , and passed on first reading on the 6th day of January, 2014 .
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 10th day of
January, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
January, 2014 for thirty (30) days .
Randy P. Penn, 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 6th day of January, 2014.
Loucrishia A. Ellis
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r~: l G H \/ i S.lB ,lLlTY ll1,APAIRED D R.r\/l .f.'~G
APPLICATION FOR FUNDS
CDOT's Office of Transportation Safety (OTS) will provide funding for overtime enforcement of Colorado's impaired
driving laws for Super Bowl, St. Patrick's Day, Spring Events, and Memorial Day. The selection and funding of participating
agencies will be based on :
• The mission, goals, strategy and objectives of COOT,
• problem identification data relating to impaired driving related caused injury and fatal crashes,
• and statistical analysis of local, state, and federal impaired driving related statistics.
TO APPLY FOR FUNDING
Your agency agrees to:
1. Provide overtime to officers for enforcement of Colorado's impaired driving laws at checkpoints, saturations
patrols, increased patrols, or as dedicated enforcement cars;
2. Utilize only officers who are currently SFST certified to conduct roadside maneuvers;
3. Report your enforcement plans and activity to the CDOT website before the specified deadlines;
4. Participate in all 4 campaigns with either increased patrols, saturation patrols, or checkpoints;
5. Submit claims on CDOT forms with backup documentation within 45 days after the end of each enforcement
period;
6. Submit a final report on agency letterhead summarizing activity, arrests and crashes compared to last year, overall
results of the enforcement, and any significant events that occurred, with your final claim .
To apply for consideration of funding, return this form via email no later than: October 31, 2013
To : Captain Paul Matzke at paul.matzke@state.co.us Phone: (303) 757 -9355
(COMPLETE project coordinator, secondary contact, and budget/finance information is required)
Agency: Englewood Police Dept.
Project Coordinator: Toni Arnoldy Phone Number: 303-762-2490
Email Address: tarnold:-t@englewoodgov.org
Secondary Contact: Christain Contos Phone Number: 303-762-2379
Email Address: ccontos@englewoodgov.org
Budget/Finance: Kathy Cassai Phone Number: 303-762-2411
Email Address: kcassai @lenglewoodgov .org
Send Check to: City of Englewood, Atten Kathy Cassai
Address : 1000 Englewood Pkwy Englewood, CO 80110
ENFORCEMENT PERIODS
Super Bowl
St. Patrick's Day
Spring Events
Memorial Day
.....
~
DRIVE SOBER OR
GET PULLED OVER
11111
$REQUEST
$1,300.00
$2,000.00
$3,000.00
$2,600.00
BELOW DATA BASED ON 01/01/13 -05/31/13
#OF GRANT FUNDED DUI ARRESTS: 24
#OF AGENCY FUNDED DUI ARRESTS: 159
TOTAL# OF DUI ARRESTS : 183
#OF IMPAIRED DRIVING INJURY CRASHES: 5
#OF IMPAIRED DRIVING FATAL CRASHES : 0
TOTAL# OF IMPAIRED/FATAL CRASHES: 5 --------1
TOTAL FUNDING REQUEST $8,900.00
OT
D EPAR1iME:NIT OF TRAN SPORIATION
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ENFORCEMENT
PERIOD
SUP ER BOWL
WEEl<END
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CH ECKPO INT
CO LOR ADO
.. : : ,;·JULY
LABOR DAY
CRACK DOWN
, : 'j fl\/ ALS
HALLO WEEN
WEEl<END
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HOUOAY PARTIES
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2014 HIGH VISl•ILITV & NHTSA
IMPAIRED DRIVING ENFORCEMENT PERIODS
HOLIDAY DATE E!\JH)RCEi\.ilEf\lT · ENFORCEMENT ENFORCEMENT PLAN ARREST DATA ENTRY
AND DAY STARTS@ 1800 ENDS@0300 DUE ON WEBSITE DUE ON WEBSITE
FEBRUARY 2 JANUARY 31 FEBRUARY 3 JANUARY 21 FEBRUARY 6
SUNDAY FRIDAY MONDAY TUESDAY THURSDAY
MARCH 17 MARCH 14 MARCH 18 MARCH 4 MARCH 21
MONDAY FRIDAY TUESDAY TUESDAY FRIDAY
VARIOUS
APRILS MAY18 10 DAYS PRIOR TO 3 DAYS
SATURDAY SUNDAY EACH EVENT AFTER EACH EVENT
MAY26 MAY23 MAY27 MAY13 MAY30
MONDAY FRIDAY TUESDAY TUESDAY FRIDAY
MAY23 SEPTEMBER 15 10 DAYS PRIOR TO 3 DAYS
VARIOUS
FRIDAY MONDAY CHECKPOINT AFTER CHECKPOINT
JULY 4 JULY 3 JULY7 JUNE 23 JULY 10
FRIDAY THURSDAY MONDAY MONDAY THURSDAY
SEPTEMBER 1 AUGUST 15 SEPTEMBER 2 AUGUST 5 SEPTEMBER 5
MONDAY FRIDAY TUESDAY TUESDAY FRIDAY*
VARIOUS
SEPTEMBER 5 OCTOBER 20 10 DA VS PRIOR TO 3 DAYS
FRIDAY MONDAY EVENT AFTER EVENT
OCTOBER 31 OCTOBER 30 NOVEMBER 3 OCTOBER 20 NOVEMBER 6
FRIDAY THURSDAY MONDAY MONDAY THURSDAY
NOVEMBER 27 NOVEMBER 25 DECEMBER 1 NOVEMBER 15 DECEMBER 4
THURSDAY TUESDAY MONDAY SATURDAY THURSDAY
VARIOUS
DECEMBER 5 DECEMBER 15 NOVEMBER 25 DECEMBER 18
FRIDAY MONDAY TUESDAY THURSDAY
DECEMBER 31 DECEMBER 30 JANUARY 5, 2015 DECEMBER 20 JANUARY 8, 2015
TUESDAY TUESDAY MONDAY SATURDAY THURSDAY
···.".K ftEST DATA REQUIRED TO BE ENTERED AT MIDWAY POINT OF LABOR DAY CRACKDOWNENFORCEMENT PERIOD, ALSO
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CLAIM DUE TO
CDOT/OTS
MARCH 23
MAY3
JULY 2
JULY 11
OCTOBER 30
AUGUST 21
OCTOBER 17
DECEMBER4
DECEMBER 18
JANUARY 15
JANUARY 29
FEBRUARY 19
07/08/13
• COUNCIL COMMUNICATION
Date Agenda Item Subject Designation of Bulletin
January 6, 2014 9 c i Board on the north side of the
second floor of Englewood Civic
Center as the Official Posting
Place for all Legal Notices of the
City of Englewood for 2014
INITIATED BY STAFF SOURCE
Department of Finance and Administrative Services Frank Gryglewicz, Director of Finance and
City Clerk's Office Administrative Services
Loucrishia Ellis, City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On January 7, 2013 City Council designated the bulletin board on the north side of the second floor of
Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for
2013 .
RECOMMENDED ACTION
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Approve a resolution designating the bulletin board on the north side of the second floor of Englewood
Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2014.
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BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The OPEN MEETINGS LAW, State Statute§ 24-6-402 (2) (c) states that "a local public body shall be
deemed to have given full and timely notice if the notice of the meeting is posted in a designated public
place within the boundaries of the local public body no less than twenty-four hours prior to the holding of
the meeting. The public place or places for posting such notice shall be designated annually at the local
public body's first regular meeting of each calendar year."
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Resolution
• RESOLUTION NO .
SERIES OF 2014
A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE NORTH SIDE OF THE
SECOND FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING
PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2014 .
WHEREAS , the "Open Meetings Law", State Statute §24-6-402(2)(c) requires that the public
place or places for posting legal notices shall be designated annually at the local public body 's
first regular meeting of each calendar year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
Section 1. The official posting place for all legal notices of the City of Englewood for the year
2014 , shall be the Bulletin Board on the north side of the second floor of the Englewood Civic
Center and such notices shall be posted under the heading "OFFICIAL CITY NOTICES ." Thi s
Resolution does not in any way of itself create a requirement for notice.
ADOPTED AND APPROVED thi s 6th day of January, 2014.
• ATTEST:
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Randy P. Penn, 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 of2014.
Loucrishia A. Ellis, City Clerk
• COUNCIL COMMUNICATION
Date: January 6, 2014 Agenda Item: Subject: Application for and acceptance of
11 a i grant funds from the State of Colorado
Internet Portal Authority for the
Englewood Information Technology
Department.
Initiated By: Information Technology Staff Source: Jeff Konishi, Directo r -Information
Technology
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
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RECOMMENDED ACTION
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The Information Technology Department requests that Council approve a bill for an ordinance authorizing
the application for, and acceptance of, a grant from the Colorado State Internet Portal Authority for an
amount not to exceed $6 ,500. These funds will be designated solely for the purchase of a firewall to help
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protect City assets and protect against cyber attacks.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The State of Colorado -Statewide Internet Portal Authority (SIPA) provides a grant program to accelerate
the adoption of electronic government services and to promote the protection for cyber security for an y
state or local government in Colorado. Grant funding is available for equipment, systems, services, project
planning, and implementation of products or services within the scope of the grant parameters. Grants will
be awarded on February 7, 2014
FINANCIAL IMPACT
The grant stipulates that these funds will supplement budgeted funding from local sources, so there will be
no cost or savings for the City. There is no requirement for additional matching funds.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF THE
ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE STATEWIDE
INTERNET PORTAL AUTHORITY OF THE STATE OF COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO FOR THE ENGLEWOOD INFORMATION TECHNOLOGY
DEPARTMENT.
WHEREAS, the State of Colorado -Statewide Internet Portal Authority (SIP A) provides a
grant program to accelerate the adoption of electronic government services and to promote the
protection for cyber security for any state or local government in Colorado; and
WHEREAS, the Grant funding is available for equipment, systems, services, project planning,
and implementation of products or services within the scope of the Grant parameters; and
WHEREAS, the City of Englewood received grants starting with the FY-2007-Supplemental
Grant to assist in the development of the disaster preparedness for the City of Englewood; and
WHEREAS, the passage of this Ordinance will approve an application for the Eligible
Governmental Entity Agreement Between the Statewide Internet Portal Authority of the State of
Colorado by the City of Englewood, which if awarded will fund the purchase of a firewall to help
protect City assets and protect against cyber attacks; and
WHEREAS, the Grant stipulates that these funds for an amount not to exceed $6,500 will
supplement budgeted funding from local sources and there will be no cost or savings for the City
and there is no requirement for additional matching funds; and
WHEREAS , there are no federal funds associated with this Grant.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an application
for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of
the State of Colorado and the City of Englewood, Colorado for funds not to exceed $6,500.00,
attached hereto as Exhibit A.
Section 2. The Director of Information Technology is hereby authorized to sign the application
for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of
the State of Colorado and the City of Englewood, Colorado for and on behalf of the City of
Englewood.
Section 3 . The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of the grant for the Eligible Governmental Entity Agreement between the Statewide
Internet Portal Authority of the State of Colorado and the City of Englewood, Colorado upon its
award by the State of Colorado .
Section 4. Upon award of the application for the Eligible Governmental Entity Agreement
between the Statewide Internet Portal Authority of the State of Colorado and the City of Englewood,
Colorado the Mayor is hereby authorized to sign for and on behalf of the City of Englewood,
Colorado in accepting this grant.
Introduced, read in full, and passed on first reading on the 6th day of January, 2014 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
January, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
January, 2014 for thirty (30) days.
Randy P . Penn, 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 6th day of January, 2014.
Loucrishia A. Ellis
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ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN
THE STATEWIDE INTERNET PORTAL AUTHORITY OF THE STATE OF
COLORADO AND City of Englewood, Colorado.
This Eligible Governmental Entity Agreement ("Agreement") by and between The Statewide
Internet Portal Authority of the State of Colorado ("SIP A"), and City of Englewood ("EGE")
(each a "Party" and collectively "Parties"), is made and entered into on this 6th day of January,
2014.
RECITALS
WHEREAS, SIP A and EGE wish to enter into a cooperative agreement under which
services can be provided at the discretion of both Parties; and
WHEREAS, SIP A provides for the dissemination, sharing, and use of information,
products, and services via the internet; and
WHEREAS, neither Party is committing funds or required to perform services as part of
this agreement; and
WHEREAS, SIP A has entered into certain contracts with its contractors to operate the
Portal and to provide an array of electronic information, products, and services via the internet
(e.g., "Master Contract With Integration Contractor to Design, Build, Operate, Maintain and
Enhance a Statewide Internet Portal Authority" (hereinafter "Master Contract") as amended, and
"COPE Master Contract With Implementation Contractor to Support SaaS Collaboration, Office
Productivity, & Email Solution" (hereinafter "COPE Contract")) and SIPA may enter into other
contracts to expand its array of electronic information, products, and services available to EGE;
and
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WHEREAS, SIP A will provide applications and services to EGE pursuant to Task
Orders, Statements of Work, and/or Work Orders; and
WHEREAS, a Task Order, Statement of Work, and/or Work Order will be prepared for
each application or service and mutually signed by SIP A and EGE; and
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, SIPA and EGE agree as follows:
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1300 Broadway, Suite 110 I • Denver, CO 80203 • Ph : 720-409-5634 • Fax : 720-409-5642 • sipa@cosipa.gov
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1. EGE shall make available to SIP A electronic information maintained and owned
by EGE as is necessary to complete the agreed upon work as set forth in a Work Order, Task
Order or Statement of Work. As mutually agreed upon in subsequent Work Orders, Task Orders, or
corresponding Statements of Work, EGE will provide reasonable levels of support in placing online
with SIP A certain EGE-owned electronic information, as mutually agreed by EGE and SIP A, with
due regard to the workload and priorities of EGE and SIP A.
2. SIP A may, with the authorization of EGE, through the Portal , make public
electronic information made available to it available to the general public, including EGE's
public electronic information. The Parties agree to use their best efforts to provide adequate and
uninterrupted service under the terms of this Agreement. However, neither Party shall be liable
for interruption of service when the same shall be due to circumstances beyond the reasonable
control of either Party, its agents or employees, including but not limited to unanticipated
equipment malfunction, periodic maintenance or update of the computer systems upon which
such EGE electronic information reside, interruption of service due to problems with the
Colorado statewide area network or due to problems with any telecommunications provider.
3. SIPA and EGE may enter into Task Orders, Purchase Orders, Statements of
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Work, or any agreed upon documentation under this Agreement. Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation under this Agreement, shall describe •
specific Services and/or Applications to be provided to EGE. EGE acknowledges that Services
and/or Applications are usually offered by SIPA's contractors. Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation shall cover the purchase of goods and
services from SIP A through the use of EGE funds. All Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation involving EGE funds may be approved
by one or more of the following: (1) EGE's senior executive official (e.g., Executive Director,
Director, Manager, Board of Commissioners), or his or her designee. Task Orders, Purchase
Orders, Statements of Work, or any agreed upon documentation shall contain specific time or
performance milestones for SIP A's contractor(s ), timelines for completion of relevant Task
Orders, Purchase Orders, Statements of Work, or any agreed upon documentation, including
design specifications and other criteria relevant to the completion of applicable Task Orders,
Purchase Orders, Statements of Work, or any agreed upon documentation, criteria and
procedures for acceptance by EGE and remedying incomplete or inaccurate work for each phase
of relevant Task Orders, Purchase Orders, Statements of Work, or any agreed upon
documentation.
4. SIPA shall be responsible for the operation of, and all costs and expenses
associated with, establishing and maintaining electronic access to EGE electronic information,
databases or other software applications, including (but without limitation) the cost of
purchasing, developing and maintaining programs used to interface with EGE software
applications that provide access to EGE-owned electronic information , products, and services.
EGE acknowledges SIPA may at its discretion use Contractors to perform certain obligation .
EGE's maximum financial obligation for establishing and maintaining electronic access to EGE
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1300 Broadway, Suite 1101 •Denver, CO 80203 •Ph: 720-409-5634 •Fax: 720-409-5642 • sipa@cosipa.gov
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databases or other software applications shall be limited to the Agreement set forth and
appropriated pursuant to each individual Work Order, Task Order, or Statements of Work.
5. Each Party shall have the right to terminate this Agreement by giving the other
Party 60 days' written notice. Unless otherwise specified in such notice, this Agreement will
terminate at the end of such 60-day period, and the liabilities of the Parties hereunder for further
performance of the terms of this Agreement shall thereupon cease, but the Parties shall not be
released from any duty to perform up to the date of termination.
6. None of the terms or conditions of this Agreement gives or allows any claim,
benefit, or right of action by any third person not a party hereto. Nothing in this Agreement shall
be deemed as any waiver of immunity or liability limits granted to SIP A or EGE by the Colorado
Governmental Immunity Act or any similar statutory provision.
7. This Agreement (and related Task Orders, Work Orders, Statements of Work, and
agreed upon documentation) constitutes the entire agreement of the parties hereto and supersedes
all prior negotiations, representations or agreements, either written or oral. This Agreement may
be amended, modified, or changed, in whole or part, only by written agreement approved by
each party .
8. Neither SIP A nor its contractors have responsibility for the accuracy or
completeness of the electronic information contained within EGE's databases. SIPA and its
contractors shall be responsible only for the accurate and complete transmission of electronic
information to and from such EGE databases, in accordance with the specifications of any EGE-
owned software. For the purposes of the Colorado Open Records Act, EGE shall at all times be
the custodian of records. Neither SIPA nor its contractors shall be deemed to be either the
custodian of records or the custodian's agent.
9. This Agreement and any written amendments thereto may be executed in
counterpart, each of which shall constitute an original and together, which shall constitute one
and the same agreement. Delivery of an executed signature page of this Agreement by facsimile
or email transmission will constitute effective and binding execution and delivery of this
Agreement.
10. Confidential information for the purpose of this Agreement is information relating
to SIPA's or EGE's research, development, trade secrets, business affairs, internal operations,
management procedures, and information not disclosable to the public under the Colorado Open
Records Act or some other law or privilege. Confidential information does not include
information lawfully obtained through third parties, which is in the public domain, or which is
developed independently without reference to a Party's confidential information. Neither Party
shall use or disclose, directly or indirectly, without prior written authorization, any confidential
information of the other. SIP A shall use its reasonable best efforts to ensure that its contractors
protect EGE confidential information from unauthorized disclosure. Notwithstanding anything
Page 3 of6
1300 Broadway, Suite! JOI •Denver, CO 80203 •Ph : 720-409-5634 •Fax: 720-409-5642 • sipa@cosipa .gov
to the contrary herein, each Party acknowledges that given the subject matter of this Agreement,
such Party shall not disclose confidential information of the other (whether in written or
electronic form) to any third party, except as required by law or as necessary to carry out the
specific purpose of this Agreement; provided, however, that if such disclosure is necessary, any
third party who receives such confidential information shall also be bound by the nondisclosure
provisions of this Section 12. Upon termination of this Agreement, the Parties shall return or
destroy (at the other Party's request) all confidential information of the other and if such
information is destroyed, each Party shall demonstrate evidence of such destruction to the other.
11. Miscellaneous Provisions
A. Independent Authority. SIP A shall perform its duties hereunder as an
independent authority and not as an employee of EGE. Neither SIP A nor any agent or
employee of SIP A shall be deemed to be an agent or employee of EGE. SIP A and its
agents shall pay when due all required employment taxes and income tax and local head
tax on any monies paid by EGE pursuant to this Agreement. SIP A acknowledges that
SIP A and its employees or agents are not entitled to EGE employment or unemployment
benefits unless SIP A or a third party provides such benefits and that EGE does not pay
•
for or otherwise provide such benefits. SIP A shall have no authorization, express or •
implied, to bind EGE to any agreements, liability, or understanding except as expressly
authorized by EGE. SIPA and its agents shall provide and keep in force workers'
compensation (and provide proof of such insurance when requested by EGE) and
unemployment compensation insurance in the Agreement required by law, and shall be
solely responsible for the acts of SIP A, its employees and agents.
B. Non-discrimination. SIPA agrees to comply with the letter and the spirit
of all applicable state and federal laws respecting illegal discrimination and unfair
employment practices.
C. Choice of Law. The laws of the State of Colorado (except Colorado laws
related to choice of law or conflict of law) and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution, and enforcement of this
Agreement. At all times during the performance of this Agreement, SIP A shall strictly
adhere to all applicable federal and state laws, rules, and regulations that have been or
may hereafter be established. Any legal action related to this Agreement shall be brought
in either a state or federal court within the City and County of Denver, Colorado.
D. Software Piracy Prohibition. No State or other public funds payable under
this Agreement shall knowingly be used for the acquisition, operation, or maintenance of
computer software in violation of United States copyright laws or applicable licensing
restrictions . SIP A hereby certifies that, for the term of this Agreement and any
extensions, SIP A has in place appropriate systems and controls to prevent such improper
Page 4 of6
1300 Broadway, Suite 1101 •Denver, CO 80203 •Ph: 720-409-5634 •Fax: 720-409-5642 • sipa@cosipa.gov
•
•
•
•
use of public funds. If EGE determines that SIP A is in violation of this paragraph, EGE
may exercise any remedy available at law or equity or under this Agreement, including,
without limitation, immediate termination of the Agreement and any remedy consistent
with United States copyright laws or applicable licensing restrictions.
F. Notices. All notices required or permitted under this Agreement shall be
in writing and delivered personally, by facsimile, by email or by first class certified mail,
return receipt. If delivered personally, notice shall be deemed given when actually
received. If delivered by facsimile or email , notice shall be deemed given upon full
transmission of such notice and confirmation of receipt during regular business hours. If
delivered by mail, notice shall be deemed given at the date and time indicated on the
return receipt. Notices shall be delivered to:
Ifto SIPA:
Statewide Internet Portal Authority
Attn: Briana Milligan
1300 Broadway, Suite 11010
Denver, CO 80203
Phone: (720) 409-5634
Fax: (720) 409-5642
Email: Briana@cosipa.gov
Ifto EGE:
City of Englewood
Attn: Jeff Konishi
Street Address: 1000 Englewood Pkwy
City, State, Zip: Englewood, Colorado 80110
Phone: 303-762-2300
Fax:
Email: jkonishi@englewoodgov.org
And to other address or addresses as the parties may designate in writing.
G. Employee Financial Interest. The signatories aver that to their knowledge,
no employee of the State of Colorado has any personal or beneficial interest whatsoever
in the service or property described herein.
H. Disputes. Any failure of either Party to perform in accordance with the
terms of this Agreement shall constitute a breach of the Agreement. Any dispute
concerning the performance of this Agreement which cannot be resolved at the
operational level shall be referred to superior management and staff designated by each
Page 5 of 6
1300 Broadway, Suite 1101 •Denver, CO 80203 •Ph: 720-409-5634 •Fax: 720-409-5642 • sipa@cosipa.gov
Party. Failing resolution at this level, EGE may ask the SIPA Board of Directors to
address the dispute. If the dispute is not resolved after reference to the SIP A Board of
Directors, the Parties may use whatever procedures may be available, including but not
limited to termination of the Agreement.
This Agreement is entered into as of the day and year set forth above.
John D. Conley, Executive Director
Statewide Internet Portal Authority
Name : Mayor Randy Penn
Title: Mayor
Entity: City of Englewood
Date: _____ _
Date :. _____ _
Page 6 of6
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•
•
•
12/18/13 2013 SI PA M icr o-Grant App li cat ion
••
•
*Required
Requested Services and/or Equipment
Grant request type *
O Services
0 Equipment
@Both
If requesting services, describe the type of services. *
Please write "none" if service s are not being requested
Professional services are necessary to migrate firewall policy's .
If requesting equipment, provide a list of equipment needed, including high-level
specifications and price quotes, and confirm and detail how the equipment will be
maintained *
P lease write "none" if equipment is not be ing requested.
2 x Cisco ASA 5515 Firewalls $6,154.50
Equipment will be maintained by annual Cisco Smart Net
Project type *
@ Internal -This project would impact internal staff and/or operations .
O External-This project would impact clients or population(s) served by the requesting organ ization .
Total grant funding amount requested and whether other financial assistance is needed to
complete the project. *
12118/13 2013 SIPA Mi c r o-Grant Appli c ati on
*Required
Project Description and Outcomes
Problem or situation to be addressed *
Please describe the problem or situation this program will address and why the organization is unable
to fulfill this . need independently .
Outdated firewalls. With receipt of grant funds the City will be able to
redirect cost savings to other cyber security initiati\€s .
Who is the affected population? *
General Public, Staff, Teachers , etc.
IAll City of Englewood Emil
What is the size of the affected population? *
Please provide a range such as 10-100 or o\€r 5,000 .
lo\€r 1.000 J
,/,
What key objectives does your organization aim to achieve by receiving this grant?*
We will update our outdated firewalls which will ensure current
infrastructure standards via internet security protocols allowing us to
better monitor our internet traffic and mediate any security threats.
Description of the impact of the grant*
Describe potential impacts of the grant in areas such as : traffic reduction , financial benefit, financial
burden relief, staff time reduction , or process hours saved.
Having a new firewall in place will offset existing monitoring tools
annual cost of approximately $30,000.
,/,
12/18/13 2013 SIPA Micro-Grant Application
•
•
*Required
Requesting Organization and Contact Information
Name of Requesting Organization *
Jcity of Englewood I
Organization Website *
Jwww.englewoodgov.org J
Organization Physical Address*
J1000 Englewood Parkway J
Name of single point of contact for the application and contact information, including email
address, phone number, and mailing address*
Jeff Konishi
Director, Information Technology
1000 Englewood Parkway
Englewood, CO 80110
Direct: 303-762-2388
Email: jkonishi@englewoodgov.org
If different from the applicant above, name of single point of contact for the project
requested, and contact information including email address, phone number, and mailing
address
n/a
Organization Type *
0 State Agency
0 School District
O Special Purpose Authority
@ Municipality
0 County Government
O Other
12118/13 2013 SIPA M icro-Grant Application
*Required
Additional Background Information
If awarded is your organization able to receive the funds? (Note this is not applicable to
cyber security assessments). *
If not, or if the applicant has any doubt regard ing accepting a grant, the organization must provide a
plan outlined and approved by the necessary parties, including the names, email addresses, and
phone numbers of those necessary parties. This plan will only be accepted as part of the application
process.
Yes
Has your organization applied for and been awarded a grant in the past through SIPA? *
0 Yes
@ No
Is your organization submitting more than one application requesting a cyber security
assessment or funding for services and/or equipment? *
0 Yes
@ No
If your organization is submitting more than one application, are the projects separate and
distinctly different from each other? *
If only submitting one application, answer N/A.
O Yes
0 No
@ N/A
If applying for more than one grant award please prioritize the multiple application forms
with a short description to differentiate each. *
Note: You must complete the grant application form for each request. If an entity submits more than
one request per form all requests w ill be disqualified. If only submittin g one application, answer N/A .
12/18/13 20 13 S IP A M ic r o-G ra nt Appl ication
•
Please complete this online application for grant assistance from the Colorado Statewide Internet
Portal Authority . Detailed information about grant criteria and qualifications can be found at
www .colorado .gov/sipa .
SIPA does not sa\€ a copy of each individual EGE's application form. If an EGE wishes to save a
copy of its application , the EGE should consider creating a separate document for the EGE's
records.
*Required
Has the applicant read the Micro-Grant criteria provided by SIPA? *
@Yes
0 No
Is the applying organization a Colorado Eligible Governmental Entity? *
A Colorado EGE is a State Agency , School District , Special Purpose Authority, Muni c ipality , or
County Governmen t.
@Yes
Q No
Does the applicant have a signed Eligible Governmental Entity Agreement with SIPA, and if
not does the applicant certify one will be completed by the grant award date?*
@Yes
Q No
If grant funding is approved, will this request increase or enhance the adoption of e-
Government cyber security initiatives and/ore-Government services by placing more
information or services online? *
@Yes
Q No
Is the project requested sustainable and does the applicant commit to making staff available
for planning purposes and associated deliverables?*
@Yes
Q No
Is the person signing this application an individual with authority to commit the
organization? *
• @Yes
Q No
Was "Yes" the response to each of the questions above?*
@Yes
121 18/13 2013 SIPA Micro-Grant Application
*Required
Use Certification
Do you agree, by completing this application, to use any cyber security assessments or
funds awarded for the purposes described in this application and that the responsibility for
appropriate disbursement of these funds is the organization's responsibility?*
If it is determined by SIPA or any other source that the funds have been disbursed for other purposes
SIPA has the right to request the return of said funds and the awarded organization shall comply with
such a request.
@Yes
0 No
Powe re<J by
Go.ogle Drive Report Abuse ··Terms of Service ·· Additional Terms
•
•
•
12/18/13
•
•
•
2013 SJPA Micro-Grant Appl ication
*Required
Responsibility Certification
Do you understand that once the grants for cyber security assessments or funds for services
and/or equipment are awarded and disbursed SIPA holds no further responsibility (financial
or otherwise) to the organization.*
@Yes
0 No
Pow med by
iGoogJe Drive
Thi ~; f mrn w a::: cr eaied ins ide or Co t:i pa .~1o v.
Report Abuse ··Terms of Servic e -Additional Terms
12/1 8/13 2013 SIP A Mi c ro-Grant Application
* Required
Press Release Certification
By selecting YES to this item you are acknowledging and agreeing to allow SIPA to use
your organization's name and related grant information in press releases.*
An organization applying for a grant must approve the use of their name for media purposes.
@Yes
Q No
Povv ered by
Google Drive
Th is for rn was created inside of Cos ip a.[JOV.
Report Abuse ··Terms of Service .. Additional Terms
•
•
12/18/13 2013 SIP A Micro-Grant Application
•
•
* Required
Update Report Certification
Does your organization agree, if awarded a grant, to submit to SIPA by July 15, 2014, a one
(1) page update on how the grant has solved the problem or situation to be addressed,
impacted your organization's citizens, key objectives your organization has achieved with
the grant, how the grant has aidectyour organization's operations, and/or the progress of
the grant implementation received through SIPA? *
The grant implementation does not need to be completed by July 15, 2014, but your organization
must provide SIPA an update on the progress. SIPA will make available an online form for the
submission of this information.
@Yes
Q No
Pow e recl by
Go ogle Drive
n ·1is f orm was c reate d ins ide cJf Cos ipa.gov .
Report Abus e -Terms of Service -Additional Terms
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 6, 2014 11 c i Oracle Maintenance renewal for 2014
Initiated By: Information Technology Staff Source: Jeff Konishi, Director -Information
Technology
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved the Oracle Maintenance renewal for 2013 at the December 17, 2012 Council
meeting.
RECOMMENDED ACTION
Staff recommends that City Council approve by motion, the attached quote to issue a purchase order to
Oracle to continue the annual maintenance contract for the City Enterprise Resource Planning (ERP)
software .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
This contract is to insure that the support from Oracle continues for the City's financial, payroll, and human
resource software. Since Oracle is a sole provider and the software is considered mission critical, there are
no alternatives available and this contract would provide the only assistance if an error occurred that might
affect any financial, payroll, or human resource process. The current contract will expire January 24, 2014.
FINANCIAL IMPACT
The financial impact of this agreement is $88,683.58 which is budgeted as an Operating Expense in the
2014 budget. The amount will be made as quarterly payments throughout the year.
LIST OF AITACHMENTS
Oracle Service Contract and quote for 2014 technical support services and benefits .
•
•
ORACLE.
28-0ct-13
Jeff Kon ishi
City of Englewood
Information Technology
1000 Englewood Parkway
ENGLEWOOD
co 80110
United States
Dear Jeff Konishi
The technical support services provided under support service number 1475611 will expire , or have
expired, on 24-Jan-14. Please find attached an ordering document for the renewal of these technical
support services. If applicable , the attached ordering document may include technical support services
that you have requested to order that are in addition to the technical support services that you are
renewing.
To prevent interruption to and/ or termination of technical support services, please complete your order for
the renewal of technical support services, identified in the ordering document, by issuing a form of
payment acceptab le to Oracle in accordance with the Order Processing Details section of the ordering
document on or before 26-Dec-13 .
If you have questions regarding your order or require further information , please contact me at the e-mail
address or telephone number provided below.
Regards,
Amanda Leon
Oracle Support Services
E-mail: amanda.leon@oracle .com
Tel.:3032722632
Fax :
Page 1 of7
RL_Publ ic_Sector_Acceptance_v050613
Support Service Number: 1475611
•
•
ORACLE~
GENERAL INFORMATION
OFFER EXPIRATION ORACLE: Oracle America, Inc.
Support Service Oracle Support
1475611 Sales Amanda Leon Number: Representative:
Offer Expires: 24-Jan-14
Telephone: 3032722632
Fax:
E-mail: amanda.leon@oracle.com
CUSTOMER: City of Englewood
CUSTOMER CUSTOMER
QUOTE TO BILL TO
Account Contact: Jeff Konishi Account Contact: ACCOUNTS PAYABLE
Account Name: City of Englewood Account Name: City of Englewood
Address: Information Technology Address: 1000 Englewood Parkway
1000 Englewood Parkway ENGLEWOOD
ENGLEWOOD co 80110
co 80110 United States
United States
Telephone: Telephone:
Fax: Fax:
E-mail: jkonishi@englewoodgov .o
rg E-mail:
"You" and "Your" as referenced in this ordering document refers to the Customer identified in the table
above.
Oracle may provide certain notices about technical support services via e-mail. Accordingly, please verify
and update the Customer Quote To and Customer Bill To information in the above table to help ensure
that You receive such communications from Oracle. If changes are required to the Customer Quote To
and Customer Bill To information, please e-mail or fax the updated Information, with Your support service
number 1475611, to Your Oracle Support Sales Representative identified in the table above .
Page 2 of 7 Support Service Number: 1475611
RL_Public_ Sector _Acceptance_ vOS0613
SERVICE DETAILS
Program Technical Support Services
Service Level: Software Update License & Support
Product Description CSI# Qty License License Start Date End Date Price
Metric Level I
Type
Payroll -Person Perpetual 3383426 1050 FULL USE 25-Jan-14 24-Jan-15 7,052.81
Oracle Project Costing -3383426 5 FULL USE 25-Jan-14 24-Jan-15 2 ,236.18
Application User Perpetual
Self-Service Human Resources -3383426 1050 FULL USE 25-Jan-14 24-Jan-15 2 ,938 .64
Person Perpetual
Internet Application Server 3383426 4 FULL USE 25-Jan-14 24-Jan-15 8,955.96
Enterprise Edition -Processor
Perpetual
Oracle Purchasing -Application 3383426 50 FULL USE 25-Jan-14 24-Jan-15 22,361 .92
User Perpetual
Internet Developer Suite -3383426 5 FULL USE 25-Jan-14 24-Jan-15 2,798 .74
Named User Perpetual
Discoverer Desktop Edition -3383426 5 FULL USE 25-Jan-14 24-Jan-15 559.74
Named User Perpetual
Oracle Financials -Application 3383426 45 FULL USE 25-Jan-14 24-Jan-15 20,125 .74
User Perpetual
Human Resources -Person 3383426 1050 FULL USE 25-Jan-14 24-Jan-15 7,052.81
Perpetual
Time and Labor -Person 3383426 950 FULL USE 25-Jan-14 24-Jan-15 3 ,722.37
Perpetual
Oracle Financials -Application 3383426 65 FULL USE 25-Jan-14 24 -Jan-15 10,878.67
Read-Only User Perpetual
Program Technical Support Fees: USO 88,683.58
Total Price: USO 88,683.58
Plus applicable tax
Please note the following:
• If You have questions regarding the Services Details section of this ordering document, or believe
that corrections are required, please contact Your Oracle Support Sales Representative identified
on the first page of this ordering document.
• Please review Oracle's technical support policies, including the Lifetime Support Policy, before
entering into this ordering document. If Your programs and/ or hardware are identified in Oracle's
Lifetime Support policy they may move to a different services level during the term of the services
purchased under this ordering document. If extended support is offered, an additional fee will be
charged for such support if ordered . If You would like to purchase extended support please
contact Your Oracle Support Sales Representative identified on the first page of this ordering
Page 3 of7 Support Service Number: 14756 11
RL_Public_ Sector _Acceptance_ v050613
•
•
•
0 '
••
•
•
document.
• If Oracle accepts Your order, the start date set forth in the Services Detail table above shall serve
as the commencement date of the technical support services and the technical support services
ordered under this ordering document will be provided through the end date specified in the table
for the applicable programs and/ or hardware .
• If any of the fields listed in the Ser\lices Detail table above are blank, then such fields do not apply
for the applicable programs and/or hardware for which You are purchasing technical support
services .
Page 4 of7 Support Service Number: 1475611
RL_Public_Sector_Acceptance_vo50613
TECHNICAL SUPPORT SERVICES TERMS
If the Customer and the Customer Quote To name Identified in the General Information table above are
not the same, City of Englewood represents that Customer has authorized City of Englewood to execute
this ordering document on Customer's behalf and to bind Customer to the terms described herein . City of
Englewood agrees that the services ordered are for the sole benefit of Customer and shall only be used
by Customer. City of Englewood agrees to advise Customer of the terms of this ordering document as
well as any communications received from Oracle regarding the serv ices .
If the Customer and the Customer Bill To name identified in the General Information table above are not
the same, Customer agrees that: a) Customer has the ultimate responsibility for payments under this
ordering document; and , b) any fai lure of City of Englewood to make timely payment per the terms of th is
ordering document shall be deemed a breach by Customer and, in addition to any other remedies
available to Oracle, Oracle may terminate Customer's technical support service under this ordering
document.
Technical support is provided under Oracle's technical support policies in effect at the time the services
are provided. The technical support policies are subject to change at Oracle's discretion; however,
Oracle will not materially reduce the level of services provided for supported programs and/or hardware
during the period for which technical support has been ordered . You should review the technical support
policies prior to entering into th is ordering document. The current version of the technical support policies /
may be accessed at http:/lwww,oracle.com/us/support{poljcies/index.html. r/ _
•
Please execute and return to Your Oracle Support Sales Representative a copy of the attached Oracle
Public Sector Technical Support Services Agreement (the "agreement"). You agree that the technical •
support services acquired under this ordering document will be governed by the terms and conditions of
the agreement. Oracle acknowledges that You may have acquired such programs under a separate
agreement with another company ("separate agreement"). Oracle's requirement that You sign the f
attached agreement is for purposes of governing the technical support services only and is not in any way )
superseding the rights granted for the programs and/or hardware set forth in the order in which the-'
programs and/or hardware were acquired .
This ordering document incorporates the agreement by reference. In the event of inconsistencies
between the terms contained in this ordering document and the agreement, this ordering document shall
take precedence .
Page 5 of7 Support Service Number: 147561 1
RL_Public_ Sector _Acceptance _v050613 •
"
•
•
•
ORPER PROCESSING DETAILS
Your order is subject to Oracle's acceptance . Your order is deemed to be placed when You provide
Oracle with details for payment (e.g., Your purchase order or a credit card confirmation for the order as
detailed below). Once placed, Your order shall be nonrefundable, except as provided in the agreement.
Technical Support fees are invoiced Quarterly in Arrears. All fees payable to Oracle are due within NET
30 DAYS from date of invoice.
Oracle will Issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to
Oracle. You agree to pay any sales, value-added or other similar taxes imposed by applicable law,
except for taxes based on Oracle's income. Regardless of the form of payment:
-Unless you are an U.S. federal government entity, Oracle's invoice includes applicable sales tax, GST ,
or VAT (collectively referred to as "tax"). If City of Englewood is a tax exempt organization and is not
an U.S. federal government entity, a copy of City of Englewood 's tax exemption certificate must be /
submitted with City of Englewood's purchase order or credit card. V
Purchase Order
If the technical support services on this ordering document will be ordered and paid under a purchase
order, the purchase order must include the following information:
Support Service Number: 1475611
Total Price: USD 88,683.58 (excluding applicable tax)
Local Tax, if applicable
In issuing a purchase order, City of Englewood agrees that the terms of this ordering document and the ~
attached Oracle Public Sector Technical Support Services Agreement supersede the terms in the
purchase order or any other non-Oracle document, and no terms included in any such purchase order or
other non-Oracle document shall apply to the technical support services ordered under this ordering
document.
Please e-mail or fax the purchase order to Oracle in accordance with the Remittance Details section
below. ·
Credit Card Confirmation
If the technical support services on this ordering document will be ordered and paid under a credit card, .
please complete the section below and return it to Oracle in accordance with the Remittance Details
section below. The credit card used to make payment must be valid for the entire support services term.
Oracle will charge the credit card quarterly in arrears. Please note that Oracle is unable to process credit
card transactions of USO $100,000 or greater.
Credit Card Number
Expiration Date
Billing Address (associated with Credit Card)
Page6 of7 Support Seivice Number: 1475611
RL_Public_Sector_Acceptance_vosos13
~
I
City, State, and Zip (associated with Credit Card)
Authorized Signature
Name
In issuing this credit card confirmation, City of Englewood agrees that only the terms of this ordering
document and the attached Oracle Public Sector Technical Support Services Agreement shall apply to
the technical support services ordered under this ordering document. No terms attached or submitted
with the credit card confirmation shall apply.
Remittance Details
Purchase orders or credit card deta ils for the technical support services ordered under this ordering
document should be sent to:
Attn: Amanda Leon
Oracle Support Services
Fax:
E-mail: amanda.leon@oracle .com
This ordering document shall become binding upon execution by You and acceptance by Oracle.
City of Englewood
Authorized Signature
Name
Title
Signature Date
Page 7 of7 Support Service Number: 1475611
RL_Public_Sector_Acceptance_v050613
•
•
•
f!l 'I
RECEIVED
OCT 2 8 2013
ORACLE PUBLIC SECTOR TECHNICAL SUPPORT SERVICES AGREEMENT
ENGLEWOOD CO'
A. Agreement Definitions OFFICE OFJ~r:: f"ITV'
"You" and "your" refers to the individuaf or enti 'tlUrt hfl's 1 ek~~ment ("agreement") and ordered services from
Oracle America, Inc. ("Oracle"). The term "programs" refers to the software products owned or distributed by Oracle for which
you have a license, program documentation, and any program updates acquired through technical support. The term "hardware"
refers to the hardware equipment (including components, options and spare parts), operating system (as defined in your
configuration) and integrated software. Hardware includes hardware documentation. Operating system and integrated software
include any software updates acquired through technical support. The hardware equipment or parts of it may be new or like new .
The term "services" refers to technical support services which you have ordered in accordance with this agreement.
B. Applicability of Agreement
This agreement is valid for the technical support renewal order(s) which this agreement accompanies. You may place orders for
services on an annual basis under this agreement for 3 years from the effective date of this agreement.
C. Rights Granted
Upon payment for services, you have the non-exclusive, non-assignable, royalty free, perpetual, limited right to use for your
internal business operations anything developed by Oracle and delivered to you under this agreement. You may allow your agents
and contractors to use the deliverables for such purpose and you are responsible for their compliance with this agreement. The
services provided under this agreement are related to your license to use programs and/or your use of hardware, which you
acquired under a separate order. The agreement referenced in that order ("order agreement") shall govern your rights and/or use of
such programs and/or hardware.
D. Ownership and Restrictions
Oracle or its licensors retain all ownership and intellectual property rights to the programs, the operating system and integrated
•
/
software. Oracle or its licensors retain all ownership in the intellectual property rights to the hardware . Title to hardware, •
excluding the operating and integrated software, will transfer upon delivery . Oracle retains all ownership and intellectual property
rights to anything developed and delivered under this agreement resulting from services . All restrictions on your use of the
programs and/or hardware as set forth in the agreement under which you initially acquired the programs and/or hardware, as
applicable, shall apply to updates to the program(s), operating system and integrated software as part of the services acquired
under this agreement.
E. Warranties, Disclaimers and Exclusive Remedies
Oracle warrants that services will be provided in a professional manner consistent with industry standards. You must notify Oracle
of any services warranty deficiencies within 90 days from performance of the deficient services.
FOR ANY BREACH OF THE ABOVE WARRANTY, YOUR EXCLUSIVE REMEDY AND ORACLE'S ENTIRE /
LIABILITY SHALL BE THE REPERFORMANCE OF THE DEFICIBNT SERVICES; OR, IF ORACLE CANNOT ·V
SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE
RELEVANT SERVICES AND RECOVER THE FEES YOU PAID TO ORACLE FOR THE DEFICIENT SERVICES.
TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER /
EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
F. Indemnification
If a third party makes a claim against either you or Oracle ("Recipient" which may refer to you or Oracle depending upon which
party received the Material), that any information, design, specification, instruction, software, data, operating system, integrated
software, hardware or material ("Material") furnished by either you or Oracle ("Provider" which may refer to you or Oracle
depending on which party provided the Material), and used by the Recipient infringes its intellectual property rights, the Provider,
at its sole cost and expense and to the extent not prohibited by law, will defend the Recipient against the claim and indemnify the
Recipient from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the
settlement agreed to by the Provider, ifthe Recipient does the following:
• notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if
required by applicable law);
• gives the Provider sole control of the defense and any settlement negotiations; and
Public Sector TSRA_l 00111.doc -FOR PUBLIC SECTOR USE ONLY Page I of 4
•
•
•
• gives the Provider the information, authority, and assistance the Provider needs to defend against or settle the claim .
If the Provider believes or it is determined that any of the Material may have violated a third party's intellectual property rights,
the Provider may choose to either modify the Material to be non-infringing (while substantially preserving its utility or
functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, the Provider
may end the license for, and require return of, the applicable Material and refund any fees the Recipient may have paid to the other
party for it. Notwithstanding the previous sentence and with respect to hardware only, ifthe Provider believes or it is determined
that the hardware (or portion thereof) may have violated a third party's intellectual property rights, the Provider may choose to
either replace or modify the hardware (or portion thereof) to be non-infringing (while substantially preserving its utility or
functionality) or obtain a right to allow for continued use, or if these alternatives are not commercially reasonable, the Provider
may remove the applicable hardware (or portion thereof) and refund the net book value . If you are the Provider and such return
materially affects Oracle's ability to meet its obligations under the relevant order, then Oracle may, at its option and upon 30 days
prior written notice, terminate the order. The Provider will not indemnify the Recipient if the Recipient alters the Material or uses
it outside the scope of use identified in the Provider's user documentation or ifthe Recipient uses a version of the Materials which
has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Material
which was provided to the Recipient. The Provider will not indemnify the Recipient to the extent that an infringement claim is
based upon any information, design, specification, instruction, software, data, operating system, integrated software, hardware or
material not furnished by the Provider. Oracle will not indemnify you to the extent that an infringement claim is based upon the
combination of any Material with any products or services not provided by Oracle . Oracle will not indemnify you for
infringement caused by your actions against any third party ifthe Oracle program(s) or the operating system or integrated software
(as applicable) as delivered to you and used in accordance with the terms of this agreement would not otherwise infringe any third
party intellectual property rights . Oracle will not indemnify you for any infringement claim that is based on: (1) a patent that you
were made aware of prior to the effective date of this agreement (pursuant to a claim, demand, or notice); or (2) your actions prior
to the effective date of this agreement. This section provides the parties' exclusive remedy for any infringement claims or
damages.
G. Technical Support
For the programs for which you order annual technical support, such technical support (including first year and all subsequent
renewal years) is provided under Oracle's technical support policies in effect at the time the services are provided. The technical
support policies, incorporated in this agreement, are subject to change at Oracle's discretion; however, Oracle policy changes will
not result in a material reduction in the level of services provided for supported programs during the period for which fees for
technical support has been ordered. You should review the policies prior to executing an order for the applicable services. You
may access the current version of the technical support policies at http://oracle.com/contracts. If you decide to purchase technical
support for any license within a license set, you are required to purchase technical support at the same level for all licenses within
that license set. You may desupport a subset of licenses in a license set only if you agree to terminate that subset of licenses. The
technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the
time of termination. Oracle's license set definition is available in the current technical support policies. If you decide not to
purchase technical support, you may not update any unsupported program licenses with new versions of the program.
Oracle Hardware and Systems Support (including first year and all subsequent years) is provided under Oracle's Hardware and v
System Support Policies in effect at the time the services are provided. You agree to cooperate with Oracle and provide the access,
resources, materials, personnel, information, and consents that Oracle may require in order to perform the services . The Oracle
Hardware and System Support Policies, incorporated in this agreement, are subject to change at Oracle's discretion; however,
Oracle will not materially reduce the level of services provided during the period for which fees for Oracle Hardware and Systems
Support have been ordered. You should review the policies prior to executing an order for the applicable services. You may
access the current version of the Oracle Hardware and System Support Policies at htto://oracle .com/contracts.
Technical support is effective upon the effective date of the order unless otherwise stated in your order.
H. End of Agreement
I. Termination for Cause. If either of us breaches a material term of this agreement and fails to correct the breach within 30 days
of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate this
agreement. If Oracle ends this agreement as specified in the preceding sentence or under Section F (Indemnification), you must
pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for services received
under this agreement plus related taxes. If you are exempt from sales tax, Oracle will not invoice you for applicable sales tax
provided a copy of a valid sales tax certificate of exemption is provided to Oracle simultaneously with the execution and return of
your order. Except for nonpayment of fees, the non-breaching party may agree in its sole discretion to extend the 30 day period
for so long as the breaching party continues reasonable efforts to cure the breach . You agree that if you are in default under this
agreement, you may not use those services ordered. Provisions that survive termination or expiration are those relating to
limitation ofliability, infringement indemnity, payment, and others which by their nature are intended to survive .
Public SectorTSRA_lOOlll.doc-FORPUBLIC SECTOR USE ONLY Page 2 of4
• 2 . Termination for Convenience. You may terminate performance of services under this agreement for your sole convenience. In V
the event you elect to terminate this agreement pursuant to this provision, you shall provide Oracle written notice at least ten (10)
days prior to the termination date. The termination shall be effective as of the date specified in the notice. If you end this
agreement as specified in this paragraph, you agree that (i) you must pay within 30 days all amounts which have accrued prior to ·
the end of this agreement, as well as all sums remaining unpaid for services received under this agreement; and (ii) you may not ti'
use any services ordered as of the effective date of such termination .
I. Fees and Taxes
All fees payable to Oracle are due within 30 days from the invoice date. You agree to pay any sales, value-added or other similar
taxes imposed by applicable law that Oracle must pay based on the services you ordered, except for taxes based on Oracle's
income. Fees for services listed in an ordering document are exclusive of taxes. You agree that you have not relied on the future
availability of any hardware, programs or updates in entering into the payment obligations in your ordering document; however,
the preceding sentence does not relieve Oracle of its obligation to provide updates under your ordering document, if-and-when
available, in accordance with Oracle's then current technical support policies.
J. Nondisclosure
By virtue of this agreement, the parties may have access to information that is confidential to one another ("confidential
information"). We each agree to disclose only information that is required for the performance of obligations under this
agreement. Confidential information shall be limited to the terms and pricing under this agreement and all information clearly
identified as confidential at the time of disclosure .
A party's confidential information shall not include information that: (a) is or becomes a part of the public domain through no act
or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by
the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party
without restriction on the disclosure; or (d) is independently developed by the other party .
We each agree to hold each other's confidential information in confidence for a period of three years from the date of disclosure .
Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against !'
unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this agreement or orders
submitted under this agreement in any legal proceeding arising from or in connection with this agreement or disclosing the ·
confidential information as required by law; provided the receiving party gives the disclosing party reasonable notice prior to
disclosing any confidential information of the disclosing party to allow the disclosing party an opportunity to seek objective relief
or other such relief as may be appropriate .
K. Entire Agreement
You agree that this agreement and the information which is incorporated into this agreement by written reference (including
reference to information contained in a URL or referenced policy), together with the applicable order, are the complete agreement
for the services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, ~
written or oral, regarding such services. If any term of this agreement is found to be invalid or unenforceable, the remaining
provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of this
agreement. It is expressly agreed that the terms of this agreement and any Oracle order shall supersede the terms in any purchase
order or other non-Oracle document and no terms included in any such purchase order or other non-Oracle document shall apply to
the services ordered. This agreement and applicable order(s) may not be modified and the rights and restrictions may not be
altered or waived except in a writing signed by authorized representatives of you and of Oracle. Any notice required under this
agreement shall be provided to the other party in writing.
L. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE'S
MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR
YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT
OF THE FEES YOU PAID ORACLE UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM
DEFICIENT SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE
DEFICIENT SERVICES GIVING RISE TO THE LIABILITY.
M . Export
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to any services
deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including "deemed
export" and "deemed re-export" regulations). You agree that no data , information, program and/or materials resulting from
Public SectorTSRA_lOOlll.doc-FORPUBLIC SECTOR USE ONLY Page 3 of4 •
.... ('
•
•
•
services (or direct product thereof) will be exported, directly or indirectly, in violation of these Jaws, or will be used for any
purpose prohibited by these Jaws including, without limitation, nuclear, chemical, or biological weapons proliferation, or
development of missile technology.
N. Other
1. If you have a dispute with Oracle or if you wish to provide a notice under the Indemnification section of this agreement, or if
you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to: Oracle
America, Inc., 500 Oracle Parkway, Redwood City, California, United States, 94065, Attention: General Counsel, Legal
Department.
2. You may not assign this agreement or give or transfer any services or an interest in them to another individual or entity. If you
grant a security interest in any services deliverables, the secured party has no right to use or transfer any services deliverables.
3. Except for actions for nonpayment or breach of Oracle's proprietary rights, no action, regardless of form, arising out of or
relating to this agreement may be brought by either party more than two years after the cause of action has accrued.
4. The Uniform Computer Information Transactions Act does not apply to this agreement or orders placed under it. You
understand that Oracle's business partners, including any third party firms retained by you to provide computer consulting
services, are independent of Oracle and are not Oracle's agents . Oracle is not liable for nor bound by any acts of any such
business partner, unless the business partner is providing services as an Oracle subcontractor on an engagement ordered under
this agreement.
.0. Force Majeure
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of Ood;
electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the
denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. We both
will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either of
us may cancel unperformed services upon written notice. This section does not excuse either party's obligation to take reasonable
steps to follow its normal disaster recovery procedures or your obligation to pay for services provided.
The effective date of this agreement shall be-----------------·• 20_.
Customer Name: ---------------
Authorized
Signature:-------------------
Name: ___________________ _
Title: ___________________ _
Signature Date: ----------------
Oracle America, Inc.
Authorized
Signature:----------------
Name : ________________ _
Title: ________________ _
Signature Date: ---------------
Pu?lic Sector TSRA _l 00111.doc -FOR PUBLIC SECTOR USE ONLY Page4 of4
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 6, 2014 11 c ii Street Sweeper
Initiated By: Staff Source:
Public Works Pat White, Fleet Manager
Brad Hagan, Streets Maint'enance Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved the purchase of a street sweeper in the 2014 Budget, and funding is available
through the Capital Equipment Replacement Fund {CERF).
RECOMMENDED ACTION
Staff recommends City Council approve, by motion, the purchase of 2014 Elgin Pelican Street Sweeper in
the amount of $170,240.00. Staff recommends awarding the bid to the lowest acceptable bidder, NJPA {?).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The street sweeper to be replaced, unit no. 3319, a 2009 Elgin Pelican Street Sweeper meets the
• replacement criteria for years of service, hours of use, and maintenance dollars expended.
•
An invitation for bid was placed through the National Joint Power Alliance, a national cooperative contract
program.
FINANCIAL IMPACT
Faris Machinery through national Joint Powers Alliance provided the lowest acceptable bid of $1 70,240.00 .
Funds are available in the Capital Equipment Replacement Fund (CERF).
LIST OF ATTACHMENTS
Summary Specification Sheet
Copy of NJPA contract
Equipment Quote
•
•
•
SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
STATE AWARD# NJPA (National Joint Powers Alliance) Contract #031710-FSC
ENGLEWOOD BID#
MANUFACTURER OF VEHICLE Elgin
MODEL OF VEHICLE Pelican
AIR CONDITIONING YES NO
AUTO MA TIC TRANSMISSION YES NO
POWER WINDOWS YES NO
POWER DOOR LOCKS YES NO
4 WHEEL DRIVE YES NO
FLEX FUEL OPTION YES NO
CERF REPLACEMENT YES NO
NEW ADDITION TO FLEET YES NO
DEPARTMENT VEHICLE ASSIGNED TO 021003 Streets Division
COMMENTS: This unit replaces Unit 3319 a 2009 Elgin Pelican Street Sweeper
that has met the replacement criteria for years of service, hours of use, and maintenance
dollars expended. The cost of the new unit is $170,240.00. The funds are available in
the Capital Equipment Replacement Fund (CERF) and the purchase was approved in the
2014 budget.
,
National Joint Powers Alliance Elgin Sweeper Company 12/12/2013 11 :22:57 AM
~JPA
.Joint Powers All~rncl''
Home <f*-JPt\ccess for Vendors
888.894.1930
About Us National Cooperative Contract Solutions Statewide/Regional Solutions Organizational Contact Us ''¥111• • Ill< 0\11 A\ I ND<>R
Home > National Cooperative Contract So lutions >Heavy & Utility Equipment > Elgin Sweeper Company
Overview
Contract Documentation
Pricing
Marketing Materials
NJPA Contact Information
HOW TO PURCHASE , -7 \
Our step-by-step guide ' . .: ,'
Vendor Contact Info
David Panizzi, Business
Development Manager
Direct Phone: (847)622-7153
Email David
.w.elginsweeper.com
~JPA 202 12th St reet
NE
NJtiu1u.!Jui nt r-\J"'t:'l ~AI U.ml't•' P.O. Box 219
•
Staples, MN
56479
Elgin Sweeper Company
Contract#: 031710-FSC
Category: Heavy & Utility Equipment
Sub Category: Public Utility Equipment
Description: Street Sweepers
Maturity Date: 05/27/2014
Elgin Sweeper, located in Elgin, IL, is the leading manufacturer of street sweepers for municipal, contractor,
airport, highway and industrial sweeping. Elgin has been designing and manufacturing quality sweeping products
for nearly 100 years. We offer the broadest selection of sweepers including all variations of sweeping technology
-mechanical, vacuum, regenerative air and now mechanical with vacuum assist for waterless dust suppression .
Other new technologies such as PM-10 compliance, alternative fuel driven, and noise reduction are also
available in select sweeper models. Street sweeping is a BMP that's recognized by the EPA for Stormwater
remediation purposes.
888.894.1930
CONTACT NJPA NO\\~
STAT ES
LEGAL
AUTHORITY
SIT EMAP
NAVIGATION
WEBSITE
CR EDITS
NATIONAL COOPERAIB'E CONTRACT SOLUTIONS
BECOME A MEMBER
Mem be r Get To Know Us
ivle m be rs hip A p p li ca ti on
NJPAd vi.lnta ge News letter
Member Tes timo n ial s
BECOME A VENDOR
Vendor Get To Know Us
C u rren t & Pend in g
So li citati on s
Vcnd1•r liL>fN1.·nn· Guide (P IJI :)
Page 1of1
•
•
WJFllS
MACHINERY
BCMI I FOSTER
sno East 77th Ave
Co111neica City, co aoo22
offlc• I 803 289 6743
tu 303 287 9273
2269 Comm11rclll Slvd
Colorado Springs, CO 809D6
offlce 1719. 627 1016
fll• 719 627 1019
TOUGH JOBS TOUGH MACHINES
November 18 2013
Pat White
City of Englewood
2800 S Platte River Dr.
Englewood Colorado 80110
Dear Pat
Proposal
We are pleased to quote prices on the following equipment:
One -Pelican Dual Steer
Requested Options·:
Hydraulic Level Shutdown
Conveyo.r: Cleanout
Conveyor Stall Alarm
Pelican Operator Manual
Pelican Parts Book
Pelican Service Book
John Deere 4045 Parts Book
John Deere 4045 Operator Man
JD Power Tech man
Pelican Diagnostic Manual
Two Stobes With Guard
Water Fill Hose Quick Disconnect
A/C
LH Side Broom Tilt With Indicator
RH Side Broom Tilt Wit hlndicator
RH Bostrom Hi Back Air Ride Seat
Hydrant Wrench
Standard White
Price FOB Commerce City
Additional Requested Options:
PM10 Dust Suppression
LED Arrow Package
LED Lights in Battery Cover
Trade-In
Terms: 0
Delivery: 0
$170,240.00
$3,120.00
$1,375.00
$1,005.00
All prices are furn for 30 days from the date of the quote. If financed, order is subject to credit
Thank you for the opportunity of quoting this equipment.
• Sincerely,
Page 1of2
;\' ..
farismacbinery.com
n2Va11eyCDlll't
Grand J1D1ctlo11, CO 81S06
offlae 1910 242 4997
fax 970 242 4783
•
•
•
FARIS
MACHINERY
IOYL! I l'OITIR
•>
5770 East 17th Awe
Commerce City, co soo22
office I aoa 289 5743
fox 303 287 9273
2.289 Commar~lal Blvd
Colorado Springe, co 80908
offlc• 1719 527 1016
tax 719127 1019
"
TOUGH JOBS TOUGH MACHINES
By :
City of Englewood
District Maru.ger
Cell Phone # 720-612-9766
e-mail Address : steve.brooks@farismachinery.com
farlsmacbinery.com
772 Valley Court
Grand .klnctlon, CO 81505
office 1970 242 4997
fax 970 242 4783
Tllla order ls not binding untU accepted by Faris Machinery Company, and ia subject to terms and conditions set forth by Farm Machinery
Company . No eddHional conditions, agreements or modifications to the tenns herein shall be accepted by Farts Machinery Company.
Quote#: 0
Page 2 of 2
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 6, 2014 11 c iii Wheel Loader
Initiated By: Staff Source:
Public Works Pat White, Fleet Manager
Brad Hagan, Streets Maintenance Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved the purchase of a wheel loader in the 2014 Budget, and funding is available through
the Capital Equipment Replacement Fund (CERF).
RECOMMENDED ACTION
Staff recommends City Council approve, by motion, the purchase of a L60D Wheel Loader in the amount
of $110,479 .00. Staff recommends awarding the bid to the lowest acceptable bidder, Power Equipment
Company.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• The wheel loader to be replaced, unit no. 3263, a 2001 Volvo LSOD Wheel Loader meets the replacement
criteria for years of service, hours of use, and maintenance dollars expended.
•
FINANCIAL IMPACT
Funding for the purchase of a L60D Wheel Loader was approved and budgeted in the 2014 Capital
Equipment Replacement Fund (CERF). Power Equipment Company provided the lowest acceptable bid o f
$110,479.00.
LIST OF ATIACHMENTS
Copy of lowest bid
Bid Tabulation
•
•
•
BID PROPOSAL
#IFB-13-023
Four Wheel Drive Loader
ITEM
NO . DESCRIPTION
1. Four Wheel Drive Loader
2 . Operations Manuals
3 . Parts & Service Manual
Qty .
1
3
1
Total Bid
BID
PRICE
$ 109,763.00
$ 120.00
$ 100.00
$ 109,983.00
Estimated date of delivery___.;::_60.;:;..---=.9--=-0-=d=a'-'-y.=...s _____________ _
Brochures and Literature: Your proposal must be accompanied by descriptive
literature indicating the exact items to be furnished. The term "as specified" will
not be acceptable.
Each Proposing Firm shall determine prior to submitting a Bid , that they have received
all addenda issued, and will acknowledge the receipt. Receipt of copies of the following
amendment(s) is (are) hereby acknowledged:
Amendment No(s). Date Acknowledged
11/26/13
ALL MATERIAL F.O.B. CITYOFENGLEWOOD
2800 South Platte River Drive
Englewood, CO 80110
Price quote firm for ninety (90) days .
Exceptions: _N_O_N_E ______________________ _
Signature
Municipal Sal s Manager
Title
Power Equipment Company
Com pan~
500 E. 62 d Ave, Denver, CO, 80216
Address
303/961-8957
Phone
12/6/13
Date
. 866/852 -3382
Fax
1000 Englewood Parkway, Englewood , Colorado 80110-2373 Ph (303 )762-2412 Fax (303)783-6951
W\vw .en glewoodgo v.or g
10
•
•
•
{'
CITY 0 F ENGLEWOOD
PURCHASING DIVISION
ADDENDUM NO. 1
IFB-13-023
Four Wheel Drive Loader
November 26, 2013
This Addendum number one (1) is in response to questions received. Vendor is to acknowledge receipt of
this Addendum with the submission of proposal.
Questions/Clarifications
The end/user department is requesting that heated seats be listed as an option if they do not come
standard.
Question: Do you want a mechanical or air suspension seat?
Response: Mechanical
Question: You specify hydrostatic transmission, and also power-shift transmission. Only 2
manufacturers offer a hydrostatic transmission in this size loader; Cat and Komatsu.
Deere, Volvo, Case, Terex, and Kawasaki will not be able to meet the hydrostatic specification. If you
changed the spec to hydrostatic OR power-shift transmission, all would be allowed to bid?
Response: Hydrostatic or Power Shift will work. Bid states manufactures standard power shift with a
minimum of four ( 4) forward speeds and two (2) reverse speed, but in first sentence stated hydrostatic
drive transmission so it may not have been clear.
Question: Do you want single or dual lever controls for the boom and bucket?
Response: Dual lever controls .
1000 Englewood Parkway, Englewood, Colorado 80110 Ph (303) 762-2412 Fax (303) 783-6951
www.englewoodgov.org
1
•
•
•
Question: Do you want ride control on the loader, or have it quoted as an option?
Response: Option would be fine .
Alicia Stutz
Procurement Specialist
City of Englewood, Colorado
END OF ADDENDUM
1000 Englewood Parkway, Englewood, Colorado 80110 Ph (303) 762-2412 Fax (303) 783-6951
www .englewoodgov.org
2
City of Englewood Bid Tabulation Sheet
Bid Opening Date: December 11, 2013 2:00 P.M. MST
ITEM BID: IFB-13-023 Four Wheel Drive Loader
Receipt of
Addendum Four Wheel
Vendor 1 Y/N? Drive Loader
Titan Machinery
5750 Fairfax St
Commerce City, CO 80022
Michael Gauthier
303-286-7000 y $123,000.00
Wagner Equipment Company
18000 Smith Rd
Aurora, CO 80011
Andy Kratt
303-739-3000 y $132,556.00
Honnen Equipment
5055 East 72nd Ave
Commerce City, CO 80022
Steve Stotz
303-287-7506 y $117,150.00
---..... ~. -,~ ,--:; .... .. , -
Power !=quiprpent CQ!flP•HlY
.-,., II--·----',
500 E 62nd Ave
Denver, CO 80216
1· -~. -' .,,. ... ,,,_ ,-.. . "
'r: -• '·~ -' .-~ "
Andy Remrrip
Operations
Manual X3
$200.00
$42.00
$204.00
' -
., !lo· .. ·•C·"
. '
.. -, $109,763.QQ . $12Q.QQ 303-961-8957 y ..
• •
IApparenfLow Bidderl
Parts &
Service
Manual Total Bid Exceptions:
$800.00 $124,000.00 None listed
10'11" ground to top of cab.
No auto shutdown available
$860.00 $133,458.00 3 level warning system standard
$960.00 $118,314.00 None listed
---.• -r 1 -'
....... ---~ -.... '-.. <
. •'·"
-
$10():99 $109,983.00
-.,._ ? "" . ·~ ..... , --.. -Norn~ !istec1 ~ ~ ---· -
IFB -13-023 Four Wheel Loader Bid Tab .xis •