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Home My WebLink About1998 Ordinance No. 076-- • • • ORDINANCE NO. r; ~ SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO . 61 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE STATE OF COLORADO , DEPARTMENT OF PERSONNEL WHICH ALLOWS THE CITY OF ENGLEWOOD TO PURCHASE SOFTWARE FROM STATE NEGOTIATED SOFTWARE VENDORS. WHEREAS, the State has negotiated master software licensing terms and condi tions which permit statewide orders by State agencies, departments , institutions and political subdivisions from master licensing agreements with software manufacturers/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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. The intergovernmental 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 Englewood City Council . Section 2. 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, and passed on first reading on the 19th day of October, 1998 . -1 - Published as a Bill for an Ordinance on the 23rd day of October, 1998 . Read by title and passed on final reading on the 2nd day of November, 1998. Published by title as Ordinance No.?C?, Series of 1998 , on the 6th day of November , 1998. I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true cop.¥,¢' the Ordinan e passed on final reading and published by title as Ordinance No . ~ Series f 8. -2- -- • • • • • • INTER GOVERNMENT AL MASTER SOFTWARE LICENSING PROGRAM ENROLLMENT AGREEMENT THIS agreement, made this 5th day of October 199~, by and between City of Englewood hereinafter referred to as "enrolling entity," and the State of Colorado, acting through the Department of Personnel hereinafter referred to as The State, WHEREAS, pursuant to section 24-110-201 , C .R.S . (1997 ), any public procurement 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 has negoti ated m a ster software licensing terms and conditions to permit statewide orders by State agencies, departments , institutions and political subdivisions from master licensing agreements with software manufacturers/publishers; and WHEREAS , the State is agreeing to administer such master software licensing programs in accordance with the terms of such programs ; and WHEREAS , the enrolling entity is an eligible agency, department, institution or political subdivision under such master software licensing agreements ; NOW THEREFORE , it is hereby agreed that: 1. The enrolling entity acknowledges that it has received a copy of the program and licensing terms under: a. Microsoft Government Select Master Agreement , dated 11120/97 ; the Microsoft Education Select Master Agreement, dated 11/20/97 ; Product Use Addendum A ; all as amended by the State of Colorado Modifications dated 11/25/97. b . Novell Master License Agreement, dated 10/8/97 , as amended by the State of Colorado Amendment dated 7114/98. c . COREL CLP Universal Agreement, dated 11124/9 7, as amended by the CLP Universal Agreement Amendment, dated 7/23/98. d. Lotus Passport Program , Government Contract Option and Enterprise Option Terms , dated 711/95 , as amended by the Amendment to Lotus Passport Program Government Contract Option and Enterprise Option Terms, dated 12/3/97 ; Lotus Software Agreement. E x H I B I T A 2. The enrolling entity acknowledges that these agreements contain confidentiality provisions and use restrictions on software ordered under such agreements , and the enrolling entity will disseminate such limits and restrictions on use to its employees . The agreements require that enrolling entities take reasonable steps to protect software and documentation from unauthorized copying or use. Enrolling entities may not disassemble or decompile the software. The agreements also contain specific use audit , self-audit, and reporting/certification provisions to validate compliance with license restrictions. The parties agree that the Department of Personnel shall not be responsible for any liability arising out of orders placed by the enrolling entity or any costs associated with audits or purchases of additional license rights after audits under these agreements. Collection of and/or disagreements over payment are the sole responsibility of the reseller and the individual enrolling entity. In the event an enrolling entity is determined to be liable for the costs of an audit , the enrolling entity is responsible for any such costs under these agreements. Enrolling entities shall, at their own expense , satisfy reporting obligations under these agreements with respect to their own use of software ordered from these agreements. 3. The enrolling entity will compl y w ith the terms in the then-current State Award in placing orders under this program , through the reseller administering the program . The enrolling entity will furnish updated information concerning the identity of its program point of contract to the reseller. The enrolling agency 's point of contract for purposes of these programs is : Chris Diebold IT Manager City of Englewood 3400 S Elati St Englewood, CO 80110 (303 ) 762-2383 4. The enrolling entity shall not distribute or redistribute or permit any of its employees to distribute or redistribute files, code or software (as those terms are used in the Microsoft Product Use Rights paragraphs IC(2), IG(3), IK(3), lLlf, lLlg, lM, 10, lPlb, IIIa2U)) from Microsoft Office Developers Edition , Microsoft Visual Basic, Microsoft Visual C++, Microsoft Visual FoxPro Professional, Microsoft Visual InterDev , Music Producer, Microsoft Visual J++, Visual SourceSafe , Microsoft VisualStudio, Microsoft SQL Server and Microsoft Exchange Server. This prohibition shall apply to any use, distribution, or redistribution of files , code or software that is subject to an express duty of indemnification by the State in the Microsoft Product Use Rights , as it may be amended from time to time. 5. No software product or licenses may be sublicensed, transferred, or assigned ( such as to an "Affiliate" entity as that term may be used in the Microsoft Select Agreements) to • • another entity except to the extent that such sublicense , transfer, or assignment is • permitted under the terms of the applicable program, and then only if such entity has • • • executed an Intergovernmental Master Software Licensing Program Enrollment Agreement. The enrolling entity shall remain responsible for all acts and omissions of such entities to which it sublicenses , transfers or assigns such software products or licenses. Written notice of the terms of such sublicense, transfer or assignment shall be provided to the reseller in a form acceptable to the Division of Purchasing. 6 . TO THE EXTENT AUTHORIZED BY LAW, THE ENROLLING ENTITY SHALL INDEMNIFY , SAVE, AND HOLD HARMLESS THE DEPARTh1ENT OF PERSONNEL, ST A TE OF COLORADO AGAINST Al"'l"Y AND ALL CLAIMS, DA1\1AGES, LIABILITY AND COURT AW ARDS, INCLUDING COSTS , EXPENSES , AND ATTORNEY FEES , INCURRED AS A RESULT OF BREACH OF OBLIGATIONS UNDER THIS AGREEMENT OR THE PROGRAM AND/OR LICENSING AGREEMENTS REFERRED TO HEREIN BY THE ENROLLING ENTITY , OR ITS EMPLOYEES , AGENTS, OR ASSIGNEES . Cit y of Englewood Authorized Signature Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk (Seal) Department of Personnel State Purchasing Director .. , • • • Date October 19, 1998 INITIATED BY COUNCIL COMMUNICATION Agenda Item 10 a i STAFF SOURCE Subject Bill for an ordinance authorizing an Intergovernmental Agreement with the State of Colorado Department of Financial Services Frank Gryglewicz, Director of Financial Services Chris Diebold, Information Technologies Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made Information Technology a priority for the City. This bill for an ordinance allows the City of Englewood to purchase software throu gh existing State contacts at the lowest cost available to the City. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement (IGA ) between City of Englewood and the State of Colorado for purchasing 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 negotiated software volume purchasing agreements. This provides significant s avings 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