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HomeMy WebLinkAbout2003 Ordinance No. 054• • CONTRACT NO, 79 ~ b<,~ o b iv BY AUTHORITY ORDINANCE NO .~- SERIES OF 2003 COU NC Iil BULL ~• . 55 INTRODUCED BY COUNCIL MEMBER YURCHICK AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEME t ;T BETWEEN TH E CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEW('• i), COLORADO , FOR PC, INFRASTRUCTURE , AND NETWORK ANAL YSJ ·; ·,ER VICES . WHEREAS, Staff from the City of Englewood and the City of Cherry Hill s Vi! age have discus sed opporrunities for collaboration in the area of infonnation systems ; Mid WHEREAS . Cherry Hill s Village wishes to upgrade its legacy person:ii '·''"'P"•ers with limited networking capab iliti es to implement new high~speed network cab lin g ar,J communication devices and establish Internet conncctivi r;; and WHEREAS , Cherry Hills Village app roached the City ofEnglew ,od based on the IT Staffs succes s with computer infrastructure projects; and WHEREAS. the proposed work includes two primary tasks: (a) onsite inventory/audit and gathering of infrastructure , PC, and server data and (b) analysis and development of recommendRtions by Englewood IT staff. NQ"''• THE:lEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL ilWOOD , COLORADO , THAT : Section I . City Counci l of the City of Englewood , Colorado , hereby approves the Intergovernmental Agreement betwee n the City of Cherry P.ills Vi llage and the City of Englewood , Colorado. Infrastructure , PC and Netwo rk A1 miys is Services, a copy of wh ich is anached hereto as Exhibit A. Section 2. The Mayo r and City Clerk are hereby au1horized to sign and attest said Intergovernmental Agreement for and on behalf of th e City Counci l of the City of En~lewood, Colorado. 2003 . Inrroduced , read in full , and pas sed on first reading on the 4• day o: August . 2003 . Published as a Bill for an Ordinance on the s• day of August, 2003 . Read by title and passed on final reading on the 18" day of Augu st, 20 U. Published by title as Ordi nance No. i{, series of 2003 , on the 22"" day of August , lorado , hereby certi that ubli shed b ' • • • • • CITY OF CHERRY HILLS VILLAGE, COLORADO AGREEMENT FOR INFRASTtWCTURE, PC, AND NETWORK ANALYSIS SERVICES EXHIBIT A THIS AGREEMENT for profess ional serv ices ("Agreement") is entered into by and between the CITY OF ENGLEWOOD ("Englewood") and the CITY OF CHERRY HI LLS VILLAGE ("Cherry Hills Village"). The effective date of this Agreement ("Effective Date ") is defined below . Cherry Hills Village and Englewood agree as follows : 1 .0 SCOPE OF SERVICES ("Services"). As directed by Cherry Hills Village in accordance with this agreement, Eng lewood will provide to Cherry Hills Vill age profess ional consu lt ation services for the techn ological infrastructu re and com puting needs of Che rry Hills Vill age Center. These consultation services will include an anal ysi s of the data communication infrastructure , PC and Local Area Network (LA N) issues at the Villa \;e Center and the identification of alternative s fo r im provement in these areas . To this end , Englewood agrees to perform the following : 1 .1 An analysis of the Village Center's data communic ation infrastructu re issues, including but not lim it ed to integrity of the building cable , data communications electronics , and leased services . 1.2 Identification of alternatives for improvement to the analyzed systems from section 1.1 above , factoring in the integration of I-Net fiber services to/from the Village Center network. 1.3 In its analysis of the Village Center technolog ical infrastructure , Englewood agrees to perform the following work tasks : 1.3.1 Tracing and documentation of ex isti ng building cable and identificat io n of potential new Cat5 cable routes . 1.3.2 Identification of wiring clos eU MDF and network elec tronics alternatives, includ ing but not limited to switching alternative s . 1.3.3 Analys is of options for wireless (80 2.11x) communications vs. new bu ilding cable . 1.3.4 Review of current dial-up and/or lea sed circuit conn ect io ns , inc luding but not limited to 56k CBI connect ions . 1.3.5 Analysis of special prem ise cabl in g an d electronics needs to support integ ration of I-Net fibe r. 1.3.6 Preparation of written summaries of the resu lts of each of the above tasks (1 .3.1 -1.3.5) and proposed costs for each of the options presented . OS0\57 142\444009 4 1.4 An ana lys is of th e adequacy of the Village Center PC netwo rk to support collaborative comput ing such as in-house email , office automat ion applications , and file and print services . 1.5 Identification of alternative s for improvement of the Vill age Cen ter PC network, factoring in continue d connectivity to the Un ix server housing Cherry Hills Village 's financ ial app li cat ions . 1.6 In its analysis of the adequacy of the Village Center PC network , Englewood agree s to perform the following work tasks : 1.6.1 Documentation and enalyslG of ex ist ing file /print and applicat io n servers. 1.6.2 Review of the ne• • orl('s adeq uacy to support more current network operat in g systems ~ri d ,,ffice auto mdt1o n app lica tions . 1.6.3 Documentation and analys i, of et•st ing PC and pri nt clients for adequacy to support the operation of ma,nr l rt•am office automation app lications. 1.6.4 Identification of ~>:&1, and pllons relative to firewall and virus protection of the network. 1.6.5 Preparation of written summa ri es of the outcomes of the above tasks (1 .6.1 -1.6 .4 ). • 1.6.6 Preparation of written alternatives and recommendations for the option of • upgrading the existing In-house Local Area Network (LAN), PCs, and printers to support a higher performance, secure and more collaborative computing environment, to include lntumet connectivity and facto ri ng in connect iv ity wW, the existi ng Un ix server. 1.6.7 Prepara ti 'ln of w.ilten proposal for the costs of each of the options presenteu in 1.6.6. 2 .0 STANDARDS AND CRITERIA FOR PERFORMANCE . 2 .1 Standa rd of Periormance '.e.nglewood shall use that degree of care and skill ord inarily exercised unde . s1•nilar circumstances by companies and members of the Information technology profession operating in the Denver , Colorado , Metropolitan Area . 2 .2 Independent Contractor. Englewood, its employees , agents , representatives , and authorized cons ultants , shal l perform the services required by this Agreem en t as an independe nt comractor an d shall not be deem e:d by virtue of this Agreement to ha ve entered into any partnership , j•Jint venture , employer/employee or other relat ions hip with Cherry Hills Village . 3.0 REPRESENT.\TIVES . OSD\5 7142\444009.4 2 • • • • 3.1 Cherry Hills Village Designee . Cherry Hills Village des ignates Jennifer Pettinger as the person to act as Cherry Hills V illag e's representative with respect to all Services . Cherry Hills Village 's representat ive shall not have authority to amend , waive , alter or rev ise any term or condit ion of th is Agreement unless such authority is otherwise expressly con ferred upon such representati·,e by this Agreement. 3 .2 Englewood Designated Representative . Englewood designates Kevin Joseph as Englewood's representative who shall direct and supervise the performance of the services and who shall have complete authority to transmit instructions , receive information . and to carry out Cherry Hills Village 's policies and decisions with respect to the Services . 4.0 COMPENSATION FOR SERVICES. 4 .1 Schedule of Rates and Fees . Englewood shall charge no more than the following rates or fees for the following services : 4 .1 .1 A total cost of $1 ,210 .73 to r twenty (20) hours of worl<. 4 .1 .2 Staff time allocation for the Services shall be approximately as follows: IT Operations Manage~ Kevin Joseph : Networl< Administrator Ted Wargin: PC Support Specialist Brian King : IT Director Don Ingle : 4 hours 7 hours 7 hours 2 hours 4 .1 .3 Worl< time allocation for the Services shall be approximately as follows : Onsite inventory/audit and gathering of all infrastructure data by Kevin Joseph, Ted Wargin , and Bri an King : 10 hours . Analysis and development of re commendations by Kevin Joseph, Ted Wargin and Don Ingle : 10 hours . 4 .2 Invoicing . Englewood will submit one invoice for no more than $1,210 .73 to Cherry Hills Village 's rep resentative upon completion of services . Cherry Hills Village will pay the balance stated in the invoice within thirty (30) days of the date of Cherry Hills Village 's rece ipt of the invoice unless Cherry Hills Village informs Englewood in writing of specific objection(s) to the invoice within such thirty-day period . Objection reg arding one or more specific amounts of the invoice shall not be cause for withhold ing payment for other invoiced amounts to which no objection is made . No deductions , offsets , or withholdings shall be made for any reason unless Englewood agrees in advance to such adjustments or has been found legally liable for such amounts . Portions of the inv oice for which objection is made shall be paid within ten (10) days of the date of the Parties' resolution of Cherry Hill s Village 's objection . 4 .3 No Other Reimbursable Expenses . Any cost and expense incurred by Englewood not otherw ise spec ifically identified in th is Section 4.0 shall be 050\571 4214«009.4 3 deemed a no n-reimbursable cos t and shall be borne by Engle woo d. Cherry Hills Vill:ige shall not be liable for an y cost or expense incu rred by Eng lewood or any other person or entities prior to the Effective Date of th is Agreement. 5 .0 EFFECTIVE DATE, TERM , AND TERMINATION . 5 .1 5 .2 5 .3 5A Effe ct ive Date . Th is Agreement shall be effe ctive immediately upon approval of the City Council for the City of Cherry Hills Vill age follow ing execution by th e City of Englewood . !.fil!!l. Th is A~reement shall remai n effe c :v e until all services are re ndered , but in no eve~t 1hal! extend beyond August 29 . W 03. Terminat,on. In addition to termin at•.1;; permitted by law due to non-p erformance or breach , Cherry Hills Village may terminate this contract, upon seven (7) days written notice tc Englewood . In the event that this Agreement is terminated by Cherry Hi lls vil lage by no fault of Englewood, Englewood shall be paid for Services d~1 ;.;,J1 y perform ed prior •o such termination and any direct expenses incurred by Engl&wood and authorizc-d for payment pursuant to this Agreement. Termination for Non-Performance . Either party may terminate this Agreement where the other party has failed to perfomn in accordance with this Agreement. Prior to elect111g ,,;,mnination for non-perfomnance , the party seeking termination shall provide written notice to the non-performing party which notice shall detail and identify the non-performance, demand that such non-performance be cured, and state a specific date not less than ten (10) days from the receipt of the notice during which the non-perfomning party may cure the cited non-performance . In the event non-performance is not timely cured, the party seeking termination may declare this Agreement terminated . Such termination shall not preclude or prevent any party from pursuing any other remedy as may be provided by law for breach of this Agreement. 6 .0 DAMAGES LIMITATION. 6.1 Damage Limitation . Neither Part y will be liable to the other for special, incidental, consequential or punitive losses or damages , including but not limited to damages result ing from delay , loss of use , loss of profits or revenue . or cost of capital. 7 .0 MISCELLANEOUS PROVISIONS. 7 .1 Assignment and Release . All or part of the rights , duties . obligations , responsibilities , or benefits set fort h in this Agreement shall not be assigned by Englewood without the express written con se nt of Cherry Hill s Village . Any written assignment shall expres sl y refer to this Agreement and specify the particu lar rights , duties , obligations , re sponsibilities , or benefits so assigned . No assignment shall release Englewood from performance of any duty , obligation, or responsibilit y unless such release is clearly expressed in such written document or assignment. OSD\57142\444009 4 4 • • • 7 .2 Notices . All notice s, requ ests and communications requ ired or permitted to be giv en under this Agreement shall be in wri ting and shall be deemed properly give n and rece ived (i) two business days after dep os it in the United States ma il , registered or certified , postage prepa id, (ii) upon personal delivery with signed receipt , (i ii ) one bus iness day after deposit with a nationally-recognized overnight courier service such as Federa l Express , or (iv) on day of transmission by facsimile du ri ng bus iness hours , with a confirmation copy sent by fi rst class mail , po stage prep aid , to the other party at the address or facsimile number, as the case may be, set forth below: If to Cherry Hills Village : City of Cherry Hills Village 2450 E. Quincy Avenue Cherry HIii s Village , Colorado 80110 Attn : Jennifer Pettinger If to Englewood : City of E~glewood 1000 Englewood Parkway Englewood , Colorado 80110 Attn : Kevin Josep h 7 .3 No Third Party Beneficiaries . Noth ing contained in this Agreement is intended to or sh all create a contractual relationship with , cause of action in favor of, or claim for relief for, any th ird party, including any agent. sub-consultant or sub- contractor of Englewood . Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a ~enefit from this Agreement is an incidental and unintended beneficiary only . IN WITNESS WHEREOF , this Agreement has been executed by the parties as of the date set forth below. CITY OF CHERRY HILLS VILLAGE, COLORADO By: Date : June __ , 2003 Doug las Scott, Ma yor ATTEST: APPROVED AS TO FORM : Jennifer Pettinger, City Cl u K Robert C. Widner, City Attorney CITY OF ENGLEWOOD, COLORADO: Print Name: _s_e_v_e_r_l_y_J_._s_r_a_d_s_h_a_w_, _M_"_· y_o_r __ ATTEST: APPROVED AS TO FORM : City Clerk Loucnshia A. Ellis City Attorney OS0\57142\444009.4 5 • • COUNCIL COMMUNICAl ,~'l Dal e: Age nd a llem: Subjecl: Interg ove rnmenta l Agreem ent wi th th e City of Cherry August 4, ~003 11 a iii Hills Village for Infrastructure, PC and Network Analysis Se rv ic es Initiat ed By: Departm ent oi Informa ti on Tec hnology I Slaff Source: Do_n In gle -ln~~~=ation Technology Director COUNCIL GOAL AND PREVIOUS COUNC IL \l P 0'Y An Intergovernmen tal Ag"·••rr,s nt (IGA) wit~ th•• c ;\, c'' J ,e.rry H;lls Village w ill authorize th e City of Eng lewood's IT Department to provide conrp, ,,,1'• -J ,,rofessio 11al services for the purpose c f assisting with th e design of upgra des to the co mpuon 0 ,11 fras,ru cture at Cherry Hills Village City H all (a ls o kn own as "Village Center"). This collabora ti ve o pportu r.i ty w ill provide Cherry Hills Village with important tec hnical analysis ca pabilities and kr.owledge they lack internally, while pr oviding 1 reve nue generation opportuni ty for th e City of Engl ewood. RECOMMENDED ACTION Staff requests that Coun cil approve an ordinan ce es tablishing an In t ergovernme ntal Agreement with the City of Cherry Hills Village for the purposes of providing one-time "Infrastructure, PC and Network Anal ysis Service s". BACKG ROUND, ANA LYS IS, AND ALTERNATIVES ID ENT,FIE D Staff fr om the Ci ty of Englewood and the City of Ch erry Hills Vi ll age recentl y dis cussed opportunities for collabo rati o n in th e area of informati o n systems. Cherry Hills Village currently has an array of eig ht een primarily stand -alone, legacy personal comp ut ers with limited networking capabi lities. Cherry Hills wishes to upgrade its end-use r co mputer eq uipmen t. implement new high- speed network ca blin g and commu nication devices, an d es ta blish Interne t con nectivity. After re view in g propo sa ls from several firms , Ch erry Hills Village approached th e City based o n th e knowledge and ca pabilities of Engl ewood IT staff an d o ur o rganiza ti on's success with comp uter infrastructure pr ojects. The proposed work incl udes two prim ary tasks: a) O nsi te im entory/audi t and gath erin g o f infras tru cture, PC , and se rve r data. b) Anal ys is and developm ent of reco mmend ati ons by Englew ood IT staff. Th e work -to r which the Ci ty\\ ill be compensa ted -is ex pec ted to require a com bined twenty (:::!O) hou rs of staff lime. In orde r to avo id co mp etition with in-house wor kload s and pri oriti es, Englew oo d will be giv en a minimum of two months to co mple te the analysis. FINANCIAL IMPACT The Cit\ w ill be co mpensat ed in the am o unt nt SI ,~ I 0. -3 for the 20 hours of staff work to be co mpleted . Th e ra te cJlcu lat iu n metho d U:, , arri vin g at this figure mirrors th e metho d appli ed by the Engle" ood Pu blic W orks D partm en\ •ro\luing se rv ices to Cherry Hills Village. LIST OF ATTAC HMENTS lnt ergmernm ntal •\g:-e~ment .\1th the City of Cherry Hill s V illa ge fo r lniras tru ctur e, PC and '1 etw o rk Anah sis Ser\ ice s