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Home My WebLink About1999 Ordinance No. 001I ... I I ORDINANCE NO. j_ SERIES OF 1998/1999 BY AUTHORITY COUNCIL BILL NO . 81 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOD WILL HOST THE ENGLEWOOD PUBLIC SCHOOLS WEB SITE . WHEREAS, the City of Englewood has maintained a World Wide Web site since January 1997 ; and WHEREAS , this tool has allowed the City to provide updated information to Englewood citizens and positively market itself to the rest of the world ; and WHEREAS, since implementation the City has had over 90 ,000 visits to the City's Web Site ; and WHEREAS, Englewood Public Schools desires for the City to host the Englewood Public Schools Web Site; and WHEREAS , this project would provide positive PR for the City and allow Englewood Public Schools to bring their organization into the Internet era; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The intergovernmental agreement between Englewood Public Schools and the City of Englewood, Colorado whereby Englewood will host the Englewood Public Schools Web Site , 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 21st day of December, 1998. -1- 10 b i Published as a Bill for an Ordinance on the 25 1h day of December, 1998 . Read by title and passed on final reading on the 4th day of January, 1999. Published by title as Ordinance No . J_, Series of 199811999 , on the 8th day of January, 1999. I f • ... I I, Loucrishia A . Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy1of the Ordinance passed on final reading I and published by title ., Q,dinance No. _L_, s.,;es OL d ~ Loucrishia A. Ellis -2- . ' I I CONTRACT THIS AGREEMENT, entered into this __ day of , 199_ by and between the City of Englewood (City), whose address is 3400 South Ela ti Street, Englewood, Colorado 80ll0 and The Englewood Public Schools (Schools), whose address is 4101 South Bannock Street, Englewood, Colorado 80ll0. TERMS OF CONTRACT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the Englewood Public Schools that: 1. The City of Englewood, Colorado shall provide Internet World Wide Web hosting service and domain name service registration for the Englewood Public Schools . This service will allow the Schools to publish information on the Internet. For this service the Englewood Public Schools shall pay to the City of Englewood the sum of two hundred-fifty dollars ($250) per year, payable on January 15th. In addition, there will be to a one time setup fee in the sum of one hundred-thirty dollars ($130) which shall be due upon commencement of the service. 2 . 3 . The City of Englewood will proceed with the performance of the services called for in paragraph No. 1 on January 15, 1999, and the Contract shall terminate on December 31, 1999. Three additional one (1) year periods may be negotiated by the City Manager or his designee. The City will not be responsible for the content (defined as any and all, electronic data, software, programs, or information used by Customer and made available to End Users by means of the Equipment,) or quality of information provided by the schools to the end user (defined as any person enabled, through a data connection over the Internet, to access, use, purchase, download, or otherwise interact with the Content, which is located on or distributed by means of the equipment). All such content and programming shall be the sole responsibility of the Schools. The Englewood Public Schools agree that it will not use the services to take any actions or make any statements that: (a) infringe ·on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control); (c) are defamatory, trade libelous or unlawfully threatening; (d) are pornographic or obscene; (e) violate any laws regarding unfair competition, antidiscrimination or false advertising, or (f) result in the distribution of viruses , trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines . 4. Neither party will be responsible for computer hardware and software owned by the other party . 5 . The City of Englewood shall be responsible for the professional quality and technical accuracy of the services provided under this contract. The City shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its host services related to this contract. However, this shall not include conditions which arise outside of the City's control, such as any failure of the Internet, telephone service , or technical failure of the School's hardware. -1- '° x H I B I T A 6. The City will provide technical support and will make its best efforts to respond and resolve any problems in a timely manner. Support staff will be available between the hours of 8 a.m. and 5 p .m. Monday through Friday. 7. The City of Englewood and the Englewood Public Schools agree not to: refuse to hire, discharge, promote, demote or discriminate in any matter of compensation; performance , services or otherwise, against any person otherwise qualified solely because of race , creed, sex, color, national origin or ancestry. 8. This Contract may not be modified , amended or otherwise altered unless mutually agreed upon in writing by the parties. 9. The City of Englewood by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the Englewood Public Schools. 10. The Englewood Public Schools by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City of Englewood. 11 . The City of Englewood shall not assign or transfer its interest in the Contract without the written consent of the Englewood Public Schools . Any unauthorized assignment or transfer shall render the Contract null, void and of no effect as to the Englewood Public Schools . 12 . The Englewood Public Schools shall not assign or transfer its interest in the Contract without the written consent of the City of Englewood. Any unauthorized assignment or transfer shall render the Contract null, void and of no effect as to the City of Englewood . 13 . Either party of the Contract may terminate the Contract by giving to the other party 30 days notice in writing with or without good cause shown. Upon delivery of such notice by the Englewood Public Schools to the City of Englewood and upon expiration of the 30 day period , the City of Englewood shall discontinue all services in connection with the performance of the Contract. As soon as practicable after receipt of notice of termination, the City of Englewood shall submit a statement, showing in detail the services performed under the Contract to the date of termination. The Englewood Public Schools shall then pay the City of Englewood promptly that proportion of the prescribed charges which the services actually performed under the Contract bear to the total services called for under the Contract, less such payments on account of the charges as have been previously made . 14. All notices and communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Information Technology Manager City of Englewood 3400 South Elati Street Englewood, Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the Englewood Public Schools at the following address: -2- I I , ' . .. - I I a 15. 16. Director of Information Technology Englewood Public Schools 4101 South Bannock Street Englewood, Colorado 80110 The terms and conditions of the Contract shall be binding upon each entity, its successors and assigns . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Englewood Public Schools and the City of Englewood . IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above . ATTEST: CITY OF ENGLEWOOD Loucrishia A. Ellis , City Clerk Thomas J. Burns, Mayor ATTEST: ENGLEWOOD PUBLIC SCHOOLS Roscoe Davidson -3- • • COUNCIL COMMUNICATION Date Agenda Item Subject Bill for an ordinance authorizing an lntergovern- mental Agreement with December 21, 1998 10 a i Englewood Public Schools Initiated By Staff Sources Department of Financial Services Frank Gryglewicz, Director of Financial Services Chris Diebold, Information Technology Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made Information Technology a priority for the City. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement between City of Englewood and Englewood Public Schools pertaining to the hosting of Englewood Public School's web site. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The City of Englewood has maintained a World Wide Web site since January 1997. This tool has allowed the City to provide updated information to the citizens of the City and positively market itself to the rest of the world. Since implementation, we have had over 90,000 visits to the City's web site. Englewood Public Schools has approached the City with an interest in collaborating with the City to host the web site of the Schools. This would require very little staff time on the City's part to provide. Benefits of this project would include positive PR for the City and allow the Schools to bring their organization into the Internet era. As the City would not be providing dial-up or dedicated access to the Internet for the Schools, content filtering of inappropriate sites will not be an issue. FINANCIAL IMPACT The revenue generated by this collaboration will offset the cost of existing equipment. No additional equipment or staff will be required. Estimated 1999 revenue -$250.00. LIST OF ATTACHMENTS Proposed Bill for Ordinance Contract