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Home My WebLink About2000 Ordinance No. 016• Oil.DJNANCE NO. & SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO . 16 lrlTRODUCED BY COUNCIL MEMBER GARRET!' AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO DEPARTMENT OF PERSONNEL WHICH ALLOWS THE CITY OF ENGLEWOOD TO PURCHASE SOFTWARI FROM STATE NEGOTIATED SOFTWARE VENDO!-S. • I WHEREAS, Jie S~te has uegotiated maater software licensing terms an : conditions which permit etatewidi orders by State agencies, departments, institutions and political subdivisions from master licensing agreements with software manufacturera/publishers: and " WHEREAS, by the passage of this intergovernmental agreement, the City will be eligible to purchase software using State negotiated software volume purchasing agreements; and WHEREAS, this will provide significant savings to the City by using the volume purchasing power of the State; and WHEREAS , the Englewood City Council approved an intergovm •"l •nti11 dgteeme"lt between tM City and State which allowed the City to purcha•e 6"\l ,·'ll'f ''.'Om State negotiated software vendors by the pasaage of Ordinance No. ,·.;, i:ie r : , ol •098; and WHEREAS, the State requires renewal of this intergovernmental agreement every two years and the paasage of this Ordinance will enable the City to continue purchasing software using State negotiated software volume purchasing agreements while providing significant savings to the City; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: llcl:tilm..1-The intergoveromental agreement between State of Colorado, Department of Personnel and the City of Englewood, Colorado pertaining to the purchase of software from State negotiated, software volume purchasing agreements, attached as "Exhibit A", is hereby accepted and approved by the Englewo<K. City Council. ~-The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , a nd passed on first reading on the 20th day of March, 2000. -1- 10b Iv Publliohed as a Bill for an Ordinance on the 24th day of March, 2000. ll,,ad by title and paued on final reading on the 3rd day of April, 2000. Publliohed by title as Ordinance No. /k.. Series of 2000, on the 7th day of April, 2000. ~~ .. -f/~~Burn1, r.°yor I, Loucriabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certit1 that the above and foregoing is a true cop,r, of the Ordinance paaaed on 6nal reading and publliohed by title aa Ordinance No.t.., Series of 2000. -2- . \ • INTERGOVIRNMINTAL ~~~R SOPTWAR! UCINSING PROGRAl'1 INROUMINT AGRDM!NT ,•:"' THIS agr=mClll, made this __ day of__ 2000 , by md belwecn hmioafter referred to as "enrolling entity,• and the Stare of Colllrldo, acting tbnJugh the Dcpanment of Peisonnel hereinafter referml 10 as The Slate, WHEREAS, pursuant to section 24-110-201, C.R.S. (1997), any public pracureman unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units; and WHEREAS , the State bas negotiated master software licensing tmm and conditions 10 perm.it statewide orders by Smte agencies , departments, instirulions and political subdivisions from master licensing agreements with software manu focrums/publishers; and WHEREAS, the State is agmiog to administe:-such master licensing · programs in accordance with the terms of such progr.uns; and WHEREAS, the enrolling entity is :m eligible agency, department. instirulion or political subdivision under such master software licensing agreements; NOW TiiEREFORE, it is hmby agreed that : I. Tne enrolling entity acknowledges that it bas received a copy of tbe pre gr:irn and licensing terms under: a. ll,lic:osoft Government Select Master Agreement, dated ( II I~ l<r 7 ); the l\llicrosoft Education Select Master Agreement, dated ( fl '1.o/'17 ); Produr.t Use Rights (Addendum A) dated June I, 1999; all as amended by the State of Colo,~<'.o Amendment, dated ( I' /'I,, / '( 7 ); b. Novell Master License Agre,:ment. dated ( / oh /-, 7 ), as amended by the State of Colorado Amendment. dated ( 11 I / "t"J ); c. Corel CLP Universal Agre:ment. dated ( it /t'f /<; 7 ), as amended by the CLP Universal Agreement Amendment, dated ( ~1z1 I 1 S' ): d. Lorus P~ort Program, Government Contract Option and Enterprise Option Terms, dated ( "1 / 1 I 'I~-), as amended by the Amendment 10 Lotus Passport Program Governmei:t Conttacl Option and l;nterprise Terms, dated ( I i/J /'17 ); and the Lotus Software Agreement. dated ( '' /, ,.,, ). 2. The enrolling enticy aclcnowlcdges ~ lbesc aarei:mAnts coatain conftdaitiality provisions 111d use restrictions on softwire 'orilcred and« such qmmeDII, 111d the 'llllOlling entity will diuemin•i• such limits and ratrictiom on use to ill employees. The agreements -nquin that emolling entities tab reuocabl• steps to protect software and documentation from llll&llthorized c:opyin1 or use. Emollina .entities may DOt ~le or decompile the software. The agrcemem also contain specific use audic, telf•audit, and reporting.lcertification provisions to validate compliance with license restric:tiona. The parties agree that the Department of Pmonnel shall not be respo11111lle lbr my liability arisina OIII of ordm placed by the =!ling entity or any costs associated with audits or purchases of additionnl license rig;;ts after audits under these agreemems. Collection of and/or disapeements over payment are the sole respoQSll>ility of die raeller 111d the individual enrolling entity. In the event an enrolling entity is determined to be llablt f-,r the costs of an audit, the enrolling entity is resoonst"ble for wJ•: ;-,:,;It cost! under .1.,-,;e agrmnents . Enrolling entities shall, at their o~ apense, ~fy reporting obligatiol · under these agreenients with respect to their own use of software ordered from these agreements. 3. Toe enrolling entity will comp ly with the temis in the then-current State Award in pl11C:ng orders under this program , throug.~ the ~eller administering the program . The enrolling entity will furnish updated information concerning the identity of its program point of cont:lct to the reseller. The enrolling agency's point of contaet for purposes of these program is : Natne Title or Position Address Telephone 4. The enrolling entity shal l not disnibute or redism"bute or permit any of its employ= to disnibute or redistn"bute files , code or software (as those terms are used in the Microsoft Product Use Rights, dated June 1, 1999, and as later revised). This proln"bition shall apply to any use, distnourion. or redisnibution of files, code or software that is subject to an express duty of indemnific:uion by the State in the Microsoft Product Use Rights, as it may be atnended from time to time. S. No software product or licenses may be subliccnsed, transftmd, or assigned (such as to an "Affiliate• entity as that term may be used in the Microsoft Select Agreements) to mother entity except to the extent that such subliccnse, tr:msfer, or assignment is permitted under the terms of the applicab le program, and then only if such entity bas executed an lntcrgavemment:11 Master Software Licensing Prognm Enrollment Agreement. The enrolling entity shall remain responst"blc for all acts and omissions of such enti ties to which it sublicenses , tr.n.sfm or assigns such software products or licenses. Written notice of the terms of such sublicense, transfer or assignment shall be provided 10 the r=eller in a fonn acceptable to tht Division of Pmthasing. 6. TO THE E."<TENT AU'l1i01t '?B> BY LAW, THE BNR.OLI :t,G ENTITY SHALL INDEMNIFY, SAVE. -~ HOLD HARMLESS THE v t1?ARTMENT OF PERSONNEL, STATE OF COLORADO AGAINST IJN I.NT.I All. CLAJMS, DAMAGES, LIAB71.ITY ANt COUR.T AWAIDS, lNi:.'I.'.lD1N1.; COSTS, EXPENSES, AND ATTORNEY FEES, INCURRm AS A REStli.1 OF BJlEACH OF OBUGATIONS UNDER n us AGREEMENT OR THE PRCX!RAM AND/OR UCENSING .4.GREEMENTS REFERRED TO HEREIN BY TilJi .ENROLLING ENTITY, OR ITS EMPLOYEES, AGENTS, OR ASSIGNEES. Cl'IYOFllGDIXD 'Ih::l1as J. Bu:rr.s, Mayor ATIBST: (Se:al) Lcu=r1shia A. Eihs, dty Clerk Department of Pmonnel State Purchasing DiRctor • COUNCa. COMMUNICATION Date March 20, 2000 INITIATED BY Deoartment of Financial Services Agenda Item Subject BIii for an ordinance authorizing 1 O a II an Intergovernmental Agraamant with the State of Colorado I STAFF SOURCE Frank Grvalewicz. Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made Information Technolo~ a priority for the City . This bill for an ordinance allows the City of Englewood to purchase software through the axlsttng State contracts at the lowest cost available to the ;:;1ty. Council ;.pproved, by ordinance, on November 2, 1998 a similar agreement. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement (IG ~) between City of Eng lewood and the State of Co lorado for purch as ing software from existing State software contracts . BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED As a political subdivision of the State, this agreement allows the City to purchase software from State negottated software volume purchas ing agreements . This pr:ivides si gn ificant savings to the City by using the volume purchasing power of the State . This agreement covers Microsoft, Novell, Corel , and Lotus . The City currently licenses software from Microsoft , Novel, and Lotus . FINANCIAL IMPACT None LIST OF ATTACHMENTS Proposed Bill for Ordinance