HomeMy WebLinkAbout11-14-22 City Council MeetingAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO November 14, 2022
7:00 p.m. This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of the City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways:
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES Aug. 22, 2022 City Council Mtg.
Sept. 12, 2022 City Council Mtg.
Sept. 19, 2022 Special Study Session
Sept. 19, 2022 Special Mtg.
CITY COUNCIL AGENDA: November 14, 2022
Sept. 26, 2022 City Council Mtg.
Oct. 3, 2022 Study Session
Oct. 17, 2022 Study Session
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
Small Business Saturday Proclamation
Native American Heritage Month Proclamation
National Veterans and Military Families Proclamation
National Records Appreciation Proclamation
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the Agenda for a maximum of 3
minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or
Decision, Resolution, or Motion may speak when directed by the Mayor at the
conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on
Wheat Ridge Speaks are considered part of the public record.
CONSENT AGENDA NONE
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 18-2022 – an ordinance amending Sections 2-89 and 11-565 of the Wheat Ridge Code of Laws to provide an administrative subpoena process for hotel licensing
2. Resolution 39-2022 – a resolution declining full participation in the Colorado Paid Family and Medical Leave Insurance Program ORDINANCES ON FIRST READING
3. Council Bill No. 20-2022 - an ordinance amending Sections 22-58 and 22-67 of
the Wheat Ridge Code of Laws to establish an exemption from the City’s Sales
and Use Tax for carryout bag fees enacted by the State of Colorado
CITY COUNCIL AGENDA: November 14, 2022
4. Council Bill No. 21 - 2022 – an ordinance approving the rezoning of property located at 7525 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) (Case No. WZ-22-08)
DECISIONS, RESOLUTIONS, AND MOTIONS
5. Motion to approve the selection of public art for the Improve Wadsworth Project to JCAS Studios
6. Resolution No. 40-2022 - a resolution amending the Fiscal year 2022 Renewal
Wheat Ridge Bond Projects Fund to reflect the approval of a supplemental budget appropriation in the amount of $4,251,442 and to award a contract and subsequent payments to Goodland Construction, Inc, in the not to exceed amount of $7,313,186.74, for street improvements at the Wheat Ridge Ward Commuter Rail
Station area
7. Resolution No. 41-2022 – a resolution approving an agreement with the Valley Water District regarding waterline improvements in 52nd Avenue
8. Motion to approve installation of a traffic calming device on 31st Place between
Union Street and Vivian Street in accordance with the Neighborhood Traffic
Management Program
9. Motion to approve installation of a traffic calming device on Lamar St between 39th Avenue and 41st Avenue in accordance with the neighborhood traffic management program
10. A motion to approve the purchase and installation of the City’s core switches for a
total of $165,047.25
11. Motion to approve appointment to current vacancy on Liquor Licensing Authority Board
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August 22, 2022
Note: This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. Eight members of Council
were present in Council Chambers for this session. Before calling the meeting to order,
Mayor Starker stated the rules and procedures necessitated by this meeting format.
Mayor Starker called the Regular City Council Meeting to order at 7:01 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also, present: City Manager, Patrick Goff; City Attorney Gerald Dahl; City Clerk, Steve
Kirkpatrick; Chief of Police, Chris Murtha; Director of Parks and Recreation, Karen
O’Donnell; Project Manager Lauren Mikulak; Assistant to the City Manager, Marianne
Schilling, other staff, Executive Director of Localworks, Paige Piper; guests and
interested citizens.
APPROVAL OF MINUTES
The Study Session Notes of August 1, 2022, and August 15, 2022, along with City
Council Minutes of July 11, 2022, and July 25, 2022 plus the Special Study Session
minutes of July 25, 2022 were approved as published, with minor corrections for the
Notes from August 15, 2022.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PROCLAMATIONS AND CEREMONIES
2022 National Hispanic Heritage Month Proclamation
Mayor Starker read the Proclamation designating September 15 to October 15, 2022,
as National Hispanic Heritage month where Hispanic Americans have contributed
greatly to our nation in all areas including science, art, music, sports, education, and
public service; and have bravely served their country in large numbers in times of
peace, war and in every way in our nation’s history.
Diana Lopez and Alicia Valdez, members of the WR Race and Equity Task Force,
accepted the Proclamation on behalf of the 21% of Wheat Ridge residents who self-
identify as Hispanic, LatinA or Latinx, and all those who acknowledge the contributions
of Hispanic Americans, who come from throughout Latin America, the Iberian Peninsula
and from among the indigenous First Nation peoples.
2022 National Suicide Prevention Awareness Month Proclamation
Mayor Starker proclaimed the week of September 4-10, 2022, National Suicide
Prevention Week, in conjunction with National Suicide Prevention Month, is an annual
week-long campaign in the United States to inform and engage health professionals
and the general public about suicide prevention and warning signs of suicide. Julie
DiTullio with the Jefferson Center attended to accept the proclamation and comment on
the critical role suicide prevention plays in enhancing our quality of life and the mental
health of us all. All of us are the right persons to help prevent suicide by listening and
finding professional services for those in need.
PUBLIC’S RIGHT TO SPEAK
A. First Opportunity for Public input on the 2023 Budget.
Issue
Development of the 2023 budget is underway. An important phase of this process is
inviting the public to provide input to City Council prior to the presentation of the 2023
proposed budget. This public input opportunity is the first of two; the second opportunity
for public input will be during the regular City Council meeting on Monday, September
26, 2022. Members of the public are also able to provide input via the City’s community
engagement platform at www.WhatsUpWheatRidge.com
Franklin Salazar (no address given) came to comment on a project on which he is
working here in Wheat Ridge. Others have said that his project is too political. He
distributed handouts with details and drawings to all CM and the Mayor. The Planning
Commission has advised him and his group that his proposed project represents a
change of character for the site, and he seeks clarification of that and other terms.
Note about Wheat Ridge Speaks:
Members of the Public may visit the Wheat Ridge Speaks website and enter
written comments of up to 1,000 words on any Council agenda item. The deadline
for citizens to submit comments is 12:00 Noon Mountain Time on the day of a
Council session so that Council members, other elected officials and City Staff have
time to review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item,
including items that address a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech)
No comments appeared in WR Speaks for this session of Council.
1. CONSENT AGENDA
CM Hultin introduced the consent agenda.
a. Resolution No. 34-2022 – a resolution demonstrating City Council’s support of an
application to the Jefferson County Open Space Trails Partnership Program for
the Tabor Lake Trail design-build project
Issue
Jefferson County Open Space manages the Trails Partnership Program, which is
funded by the Jefferson County Open Space tax, and exists to fund trails projects in
the county at either 25% of the project cost for local trails or 50% of the project cost
for regional trails. This project funding application is for the design and construction
of a stable, accessible, safe trail around Tabor Lake with connections to the Clear
Creek Trail and 44th Avenue. The Clear Creek Trail is considered a regional trail,
and therefore this project likely qualifies as a regional project.
b. Motion to approve payment to Xcel Energy in the amount of $188,253.92 to
underground the existing overhead electric lines to allow for the construction of
the Wheat Ridge Ward Station pedestrian bridge.
Issue
In order to construct the pedestrian bridge over the G-Line tracks, the City needs
Xcel Energy to underground the existing overhead electric lines in the vicinity of the
proposed bridge. Xcel requires a deposit for the estimated cost of the
undergrounding work prior to beginning the design. Since the amount is over
$75,000, Council needs to approve the payment.
c. Resolution No. 35-2022 – a resolution amending the Fiscal Year 2022 Capital
Improvement Program Fund Budget to reflect the approval of a supplemental
budget appropriation in the amount of $7,260,000 for phase 1 of the Improve
Wadsworth Project.
Issue
The City executed a contract with Concrete Works of Colorado in the amount of
$36.5 million on August 23, 2021, to construct Phase 1 of the Improve Wadsworth
Project. The anticipated completion date of the project is in the fall of 2023. The
2022 Capital Improvement Program (CIP) Budget includes $16.5 million for work to
be completed in 2022. It is anticipated more work will be completed on the project
than anticipated or budgeted for in Fiscal Year 2022. Therefore, a supplemental
budget appropriation in the amount of $7,260,000 is required to keep the project
moving forward.
Motion by CM Hultin to approve Consent Agenda Items a.), b.), and c.), Seconded by
CM Stites, motion carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 16-2022 - An Ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws concerning the implementation of a residential bulk plane
development standard.
CM Hoppe introduced Council Bill 16-2022
Issue
Currently, bulk plane regulations apply only to detached single-unit homes in the R-1C
and R-3 zone districts. This ordinance expands the applicability of bulk plane to all R-
series residential zone districts. The purpose of this change is to achieve community
goals related to neighborhood compatibility and to address resident concerns related to
the height and massing of new two- and three-story homes and additions.
Mayor Starker opened the public hearing.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1746.
Staff Presentation
Planning Manager Lauren Mikulak presented the background on the Bulk plane where it
is measured at 15’ above the property line and a 45-degree angle. Bulk plane currently
applies only to detached single-unit homes in the R-1C and R-3 zone districts where it
applies to new homes, additions, and accessory structures. Additionally, bulk plane
applies to all new detached accessory dwelling units which became effective on August
15, 2022.
Ms. Mikulak also spoke on how the of the R-series residential zone districts, including
R-1, R-1A, R-1B, R-1C, R-2, R-2A, R-3, and R-3A. This is accomplished through the
revision and addition of specific footnotes and text to Article II of the zoning code
thereby amending the development standards for each residential zone district.
The Mayor reviewed the procedures for public comments.
Public Comment
No citizens appeared in chambers to address this issue. There were none who wanted
to speak through the Zoom format.
Council Questions and comments
CM Ohm indicated his support for this item.
Mayor Starker asked detailed questions about the geometric implementation of the bulk
plane rules.
Mayor Starker closed the public hearing.
CM Hoppe commented on the history of bulk plane discussions and previous decisions
to delay this Ordinance change. She is delighted that tonight Council can move this
code change forward after so many delays.
CM Hultin thanked staff and her peers for their support for this item, and now is the time
to address this building code ordinance.
Motion by CM Hoppe to approve Council Bill No. 16-2021 - an ordinance amending
Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a
residential bulk plane development standard, on second reading, and that it take effect
15 days after final publication, seconded by CM Ohm, motion carried 8-0.
ORDINANCES ON FIRST READING
3. Council Bill No. 17-2022 – An Ordinance amending Section 21-30 of the Wheat
Ridge Code of Laws concerning performance warranty and guarantee for work in
public rights-of-way
CM Ohm introduced Council Bill 17-2022
Issue
Chapter 21 of the Code of Laws, entitled Streets and Sidewalks, regulates all
construction and operation in public rights-of-way (ROW). The Chapter was
comprehensively revised in 2020. This ordinance amends the required warranty period
for public improvements from three years to two years. This is sufficient for the City’s
needs and is consistent with the requirements of many other Denver area cities.
Motion by CM Ohm to approve Council Bill 17-2022, an ordinance amending Section
21-30 of the Wheat Ridge Code of Laws concerning performance warranty and
guarantee for work in public rights-of way, on first reading, ordered in published, public
hearing set for Monday, September 12, 2022, at 7:00 p.m. as a virtual meeting and in
City Council Chambers if allowed to meet in person on that date per COVID-19
restrictions, and that it take effect 15 days after final publication; seconded by CM
Stites; motion carried 8-0
DECISIONS, RESOLUTIONS AND MOTIONS
4. Motion to award a contract and subsequent payments to David Evans and
Associates, Denver, CO, in an amount not to exceed $863,264 for professional
services to complete the construction plans and specifications for 32nd and
Youngfield Street bicycle, pedestrian and aesthetic improvements.
CM Weaver introduced the Motion.
Issue
David Evans and Associates (DEA) was contracted to design a concept plan of
aesthetic improvements along the Youngfield Street corridor, between roughly 28th and
40th. The work is complete, and a new contract is needed to proceed to the next phase
to start the final design of the corridor aesthetic improvements and prepare construction
plans and specifications. The work will also include design documents for bike,
pedestrian and aesthetic improvements for the 32nd Avenue underpass of I-70. The
design work and subsequent construction is being funded by the Renewal Wheat Ridge
bond
Staff Presentation
Mr. Goff introduced the proposed action. He gave a detailed summary of the project,
other sources of funding and plans for the project, using multimedia.
Project Supervisor Mark Westberg and Project Manager Jordan Jeffries presented on
the item to include the financial impact, where funding in the amount of $5 million is
committed for this project in the Renewal Wheat Ridge Bond Fund. The proposed fee
for these services is $863,264 and is included in the 2023 budget.
Mr. Jeffries also spoke on how the Youngfield Street corridor, on either side of the I-
70/32nd Avenue interchange, serves as a major entryway to the City at a major
commercial node. This area is undergoing major redevelopment with the Clear Creek
Crossing development on the west side of I-70 and redevelopment of the existing
Applewood center on the east side. This corridor has been viewed for years as
unattractive. The west side of Youngfield Street is within CDOT ROW and is generally
not well maintained with no existing aesthetic elements.
Mayor Starker reviewed the procedures for public comment. No citizens appeared in
chambers to address this issue. There were none who wanted to speak through the
Zoom format.
Public Comment
No one came forward to speak.
Council Questions and Comments
CM Hultin asked about detailed plans for the 32nd. Ave and I-70 exit/interchange. She
enquired about bike lanes, safety of design and traffic flow, especially cycling
lanes. Staff responded that the plans would include addressing these issues.
CM Ohm asked if the pricing for this project is like the fee others would have bid, since
this is a sole source purchase. Staff explained their reasons for letting this contract as a
sole source. He also asked whether there will be discussions of a bike lane traversing
32nd. and Youngfield, especially underneath I-70. Staff spoke to their plans to include
these concerns in the planning and construction of this project.
CM Weaver added her support to the same concerns other CM expressed.
CM Stites supported other CM comments, and expressed his support for careful
attention to safety, traffic flow and bicyclists needs.
Motion by CM Weaver to award a contract and subsequent payments to David Evans
and Associates, Denver, CO, in an amount not to exceed $863,264 for professional
services to complete the construction plans and specifications for 32nd and Youngfield
Street Bicycle, Pedestrian, and Aesthetic Improvements, seconded by CM Stites,
motion carried 8-0.
5. Motion to approve an amendment to a contract with Short Elliot Hendrickson,
Inc., Denver, CO, and subsequent payments, for an additional amount not to
exceed $120,823.08 for a total of $713,682.02 for professional services to
complete the construction plans and specifications for Wheat Ridge Ward Station
pedestrian bridge, plazas, and trail improvements
CM Dozeman introduced the Motion.
Issue
Short Elliot Hendrickson, Inc. (SEH) was contracted to perform design services for the
pedestrian bridge, plazas, and trail improvements at the Wheat Ridge · Ward Station
area in 2019 that were then suspended in 2020 to divert funding to the Clear Creek
Crossing access ramp project. An amendment was executed in early 2022 to restart the
project, using Renewal Wheat Ridge bond funding. The Jefferson County Subregional
Forum approved funding for this project in early August and the DRCOG Board is
expected to award the funding in late September. Because this additional funding is
from the federal government, an amendment to task order #5 of the contract with SEH
needs to be approved for the additional tasks related to completing this project following
the federal process
Staff Presentation
Project Supervisor Mark Westberg gave a brief presentation summarizing the prior
actions, and financial impact with the proposed fee for the additional services resulting
from federalizing the project is $120,823.08 and is included in the 2022 Renewal Wheat
Ridge Bond Projects Fund. The federal grant that has been requested towards the
construction costs is $8.3 million. The right-of-way (ROW) consultant and acquisition
costs will also increase, estimated at $1 million, due the project now being required to
follow the federal process.
Included were the background with the pedestrian bridge, plazas, and trail improvement
projects at the Wheat Ridge · Ward Station area were restarted in early 2022 after
receiving funding from the Renewal Wheat Ridge I-70 Kipling Bond Fund.
The conceptual design for the pedestrian bridge, plazas, and trail improvements
projects has been completed and is available for viewing on the City’s website. The
conceptual designs have also been reviewed by RTD.
Mayor Starker reviewed the procedures for public comment where no citizens appeared
in chambers to address this issue.
Public Comment
No one came forward to speak neither in person nor on the zoom format.
Council Questions
CM Hultin lauded the staff’s efforts in both planning and funding. Wheat Ridge has an
amazing staff that work hard for all residents and visitors.
CM Ohm echoed earlier comments and mentioned the pedestrian bridge in specific as
an important safety addition.
Motion by CM Dozeman to approve an amendment to a contract with Short Elliot
Hendrickson, Inc., Denver, CO, and subsequent payments, for an additional amount
not-to-exceed $120,823.08 for a total of $713,682.02 for professional services to
complete the construction plans and specifications for the Wheat Ridge · Ward Station
pedestrian bridge, plazas, and trail improvements, seconded by CM Hoppe, motion
carried 8-0.
6. Motion to approve an amendment to a contract with HDR, Inc., Denver, CO, and
subsequent payments, for an additional amount not to exceed $58,311.84 for a
total of $175,022.15 for property acquisition services for Wheat Ridge Ward
Station pedestrian bridge, plazas, and trail improvements
CM Nosler Beck introduced the Motion
Issue
HDR was contracted to perform property acquisition services for the pedestrian bridge,
plazas, and trail improvements at the Wheat Ridge · Ward Station area in 2019 that
were then suspended in 2020 to divert funding to the Clear Creek Crossing access
ramp project. An amendment was executed in early 2022 to restart the project, using
Renewal Wheat Ridge bond funding. The Jeffco Subregional Forum approved funding
for this project in early August and the DRCOG Board is expected to award the funding
in late September. Because this additional funding is from the federal government, an
amendment to task order #2 of the contract with HDR needs to be approved for the
additional tasks related to completing this project following the federal process
Staff Presentation
Project Supervisor Mark Westberg spoke briefly on the item where the pedestrian
bridge, plazas, and trail improvement projects at the Wheat Ridge · Ward Station area
were restarted in early 2022 after receiving funding from the Renewal Wheat Ridge I-70
Kipling bond fund.
Mr. Westberg also spoke of the biggest impact of federalizing the ROW process is that
fair market value must be paid for all acquisitions. Previously, staff had hoped to
negotiate no-cost permanent easements for the trail in exchange for maintaining the
steep slope along the trail. Since the acquisition process to obtain a permanent
easement is the same as obtaining the property and the fair market value of a
permanent easement is often nearly the same cost of just obtaining the property, the
parcels needed for the trail will be purchased versus just getting a permanent
easement.
The property acquisition for the pedestrian bridge, plazas, and trail improvements
projects was about to be restarted with the revisions to the conceptual plans being
completed. However, that process will be delayed until after the grant has been
awarded on September 21, 2022, by the DRCOG Board.
Mayor Starker reviewed the procedures for public comment and no citizens appeared in
chambers or in the virtual format to address this issue.
Public Comment
No one came forward to speak.
Council Questions
CM Hoppe emphasized her support for the proposed item, especially the sidewalk
plans.
Motion by CM Nosler Beck to approve an amendment to a contract with HDR, Inc,
Denver, CO, and subsequent payments, for an additional amount not-to-exceed
$58,311.84 for a total of $175,022.15 for property acquisition services for the Wheat
Ridge Ward Station pedestrian bridge, plazas, and trail improvements, seconded by CM
Dozeman, motion carried 8-0.
7. Resolution No. 36-2022 - A Resolution amending the Fiscal Year 2022 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $20,000 for the purpose of providing a contribution to the Wheat Ridge
Community Coalition for Education
CM Hutchinson introduced Resolution 36-2022
Issue
Per City Council’s direction, the City will contribute funds to support non-profit
organizations whose demand for services has increased due to the COVID-19
pandemic using increased general fund reserves from American Rescue Plan Act
(ARPA) funding. This supplemental budget appropriation will provide $20,000 in funding
to the Community Coalition for Education to support students and families impacted by
the pandemic
Staff Presentation
City Manager Patrick Goff gave a brief background on the item at which he spoke of the
discussion of April 4 where the City will receive a total of $7,873,279.72 in funds from
ARPA to address the impacts of the pandemic. The City received the first 50% of its
allocation in June 2021 and received the remaining $3.9 million in June 2022. The
purpose of the funding is to:
• Fight the pandemic and support families and businesses struggling with its public
health and economic impacts,
• Maintain vital public services, even amid declines in revenue, and
• Build a strong, resilient, and equitable recovery by making investments that
support long-term growth and opportunity.
U.S. Treasury Department guidance will allow the City to accept its full allocation as a
contribution towards “lost revenue,” which enables the City to appropriate the funding
for general government services. This funding therefore increases the General Fund
unrestricted fund balance meaning there is no negative financial impact when Council
appropriates these funds for uses as directed at the April 4, 2022 Study Session
Mayor Starker reviewed the procedures for public comment.
Public Comment
No citizens appeared in chambers to address this issue. There were none who wanted
to speak through the Zoom format.
Council Questions
CM Nosler Beck commented on the needs that schools have, especially following
CoVid. These Kindness Closets, which sometimes are just a clipboard, and sometimes
an actual closet, or a whole classroom. The coalition referenced here will also be
helping bring more resources like this to our schools.
CM Stites reported that the recent decentralization of the Kindness Closet effort has
made and will make a great difference, especially for our students and families.
CM Nosler Beck thanked CM Hoppe for her leadership and mentorship.
CM Hultin commented that this kind of resource has much better impact when it is
located in the schools vs. a central location.
CM Stites thanked CM Hoppe and CM Nosler Beck for their hard work and leadership
on this project.
Motion by CM Hutchinson to approve Resolution No. 36-2022 - a resolution amending
the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental
budget appropriation in the amount of $20,000 for the purpose of providing a
contribution to the Wheat Ridge Community Coalition for Education, seconded by CM
Nosler Beck. The motion carried 8-0
8. Resolution No. 37-2022 - A Resolution amending the Fiscal Year 2022 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $11,159 for the purpose of accepting the 2022-23 Edward Byrne
Justice Assistance Grant
CM Stites introduced Resolution 37-2022.
Issue
The Police Department received an Edward Byrne Justice Assistance Grant (JAG)
award for $11,159 from the Department of Justice, Office of Justice Programs. The
Police Department plans to use the grant to cover overtime costs associated with
targeted efforts to reduce crime within the I-70 and Kipling corridor and to provide
resources for those experiencing homelessness in this area. Grant requirements include
advising City Council of the award as well as seeking input from community members
on the proposed use of the grant funds.
Staff Presentation
Police Chief Chris Murtha gave a brief background on the item where he reported that
the JAG funds are specifically designated for state and local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, information
systems for criminal justice and criminal justice related research and evaluation
activities that improve or enhance:
• Law enforcement programs
• Prosecution and court programs
• Prevention and education programs
• Corrections and community corrections programs
• Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs (other than compensation)
The department cannot use the grant funding to replace or supplant nonfederal funds
which have been secured for the same purpose. JAG funds cannot be used directly or
indirectly for security enhancements or equipment for nongovernmental entities not
engaged in criminal justice or public safety.
Mayor Starker reviewed the procedures for public comment.
Public Comment
No citizens appeared in chambers to address this issue. There were none who wanted
to speak through the Zoom format.
Council Questions
There were none.
Motion by CM Stites to approve Resolution No. 37-2022 - a resolution amending the
Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $11,159 for the purpose of accepting the 2022-23
Edward Byrne Justice Assistance Grant, seconded by CM Hutchinson, the motion
carried 8-0.
CITY MANAGER’S MATTERS
Mr. Goff described the Pops with Cops program this Thursday, at Clancy’s from 5 to 7
pm. Caesar Square is having their Grand Re-Opening on August 30 at 1 pm.
While the WR Rec Center is closed for maintenance, the outdoor pool is open.
CITY ATTORNEY’S MATTERS
None
ELECTED OFFICIALS’ MATTERS
CM Nosler Beck and Dozeman will have a community meeting for District IV to discuss
the 44th Ave Subplan on August 29th from 6 pm until approximately 8 pm.
CM Stites announced that he and CM Weaver will hold a District III meeting on
September 17 in Louise Turner Park with a dumpster as usual. The dumpster will open
at 8 am and the meeting will begin at 9 am. If you can find it in Wheat Ridge, buy it in
Wheat Ridge.
CM Dozeman announced a District IV meeting, next Monday, August 29, as CM Nosler
Beck also announced.
CM Ohm reminded everyone that applications for the “Doctor COG” Civic Academy will
close this Friday, August 26, at 5 pm.
CM Weaver commented on the varmints that have infested WR and asked that
residents not use poisons to control them, because there are other means to control
varmint populations. Poisons filter into our water supply and poison animals that feed
on these nuisance critters, especially raptors and wild canines.
CM Hoppe commented on services for victims of domestic violence provided by Porch
Light Family Justice Center, where she sits on the Board. She described a cooperative
effort among Porch Light and twenty other service agencies and non-profits, to provide
those who need these service ways to gain easy access. This cooperative effort helps
those applying for help to undergo the intake process once, vs. the prior system that
made these folks repeat their stories to different agencies multiple times. On Thursday,
August 25, please, patronize 240 Union either at lunch or dinner because the restaurant
is contributing proceeds from the event to the Porch Light Family Justice Center.
CM Hultin thanked the speakers who came tonight. The speakers who accepted the
proclamations brought to light important issues. She took the bus home this evening
and found that the bus stops along Wadsworth during construction are dangerous, even
terrorizing, or inaccessible. She observed disabled persons on the NE corner of
Wadsworth and 44th Ave. who had difficulties just moving to the bus stop. She asked
for more safety measures.
She also announced an effort to engage our community in a discussion of housing. The
Deep Dive Club will sponsor a session on September 7, at New Image Brewing from 7
to 9 pm. The title of the session is, “So, Housing Going?”
Mayor Starker spoke about the 3-week hiatus; our next session in 3 weeks. Please,
drive carefully now that schools are open.
ADJOURNMENT
The meeting adjourned at 8:20 pm.
_____________________________
Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON September 12, 2022
______________________________
Rachel Hultin, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e.,
they contain a record of what was done at the meeting, not what was said by the
members.
Steve Kirkpatrick
City Clerk
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Cell: 303-887-1667
www.ci.wheatridge.co.us
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
September 12, 2022
7:00 p.m.
This meeting will be conducted as a virtual meeting, and in person,
at 7500 West 29th Avenue, Municipal Building,
if allowed to meet on that date per COVID-19 restrictions.
Some members of the City Council or City staff will be physically present at the
Municipal building for this meeting. The public may participate in these ways:
1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to
speak upon arrival
2. Provide comment in advance at www.wheatridgespeaks.org (comment by
noon on September 12, 2022).
3. Virtually attend and participate in the meeting through a device or phone:
• Click here to join or provide public comments.
• Or call +1-669-900-6833 with Access code: 849 9102 2303
Passcode: 914841
4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or
YouTube Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings sponsored
by the City of Wheat Ridge. Those requiring assistance, ASL, or translation service for
languages other than English are asked to contact the Public Information Officer at
303-235-2877 with as much notice as possible.
Councilmembers present:
Judy Hutchinson Rachel Hultin Scott Ohm
Amanda Weaver Korey Stites Leah Dozeman Val Nosler Beck
CM Hoppe excused herself for a personal obligation.
Others in attendance: City Clerk, Steve Kirkpatrick; City Manager, Patrick Goff; Assistant to
the City Manager, Marianne Schilling; CALL TO ORDER
Call to Order
Mayor Starker called the meeting to order at 7:00 pm
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF AGENDA
Approved as published.
CITY COUNCIL AGENDA: September 12, 2022 Page -2-
PROCLAMATIONS AND CEREMONIES
• 2022 Constitution Week – 16-22 of September
Mayor Starker read the proclamation, which reminded all of the birth of our nation
through the ratification of our Constitution.,
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes
under Publics’ Right to Speak. Please speak up to be heard when directed by the
Mayor.
b. Members of the Public who wish to speak on a Public Hearing item or Decision,
Resolution, or Motion may speak when directed by the Mayor at the conclusion of
the staff report for that specific agenda item.
c. Members of the Public may comment on any agenda item in writing by noon on the
day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat
Ridge Speaks are considered part of the public record.
Lee Recca, 4475 Brentwood – rose to ask that the City not grant a business license for a
new gun store in her neighborhood, which is near a school and Anderson Park. She is
concerned that making firearms available so close to these facilities represents a clear
and present danger to the public. Any perpetrator could easily attack and then slip into
the greenbelt making their escape much easier. These concerns might cause public fear
of using their park.
The City Manager introduced our new Manager of Public Works, who delivered a few
remarks.
CONSENT AGENDA
NONE
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill No. 17-2022 – an ordinance amending Section 21-30 of the Wheat
Ridge Code of Laws concerning performance warranty and guarantee for
work in the public rights-of-way.
CM Ohm introduced the item.
Mr. Dahl recapitulated the reasons for this proposed ordinance from a Study Session.
Public Comment
No one from the public spoke about this item.
CM Ohm made a motion to approve Council Bill No. 17-2022, an ordinance amending
Section 21-30 of the Wheat Ridge Code of Laws concerning performance warranty and
guarantee for work in public rights-of way, on second reading, and that it take effect 15
days after final publication.” Seconded by Stites. Passed 7-0.
ORDINANCES ON FIRST READING
NONE
DECISIONS, RESOLUTIONS, AND MOTIONS
2. Presentation and acceptance of 2021 Financial Audit
CM Hultin introduced this item.
Ms. Scheck introduced Mr. Jean-Paul Chevalier, representing the City’s audit firm, who
gave a formal presentation on the audit.
Mr. Chevalier announced that the City’s auditor assigned a category of clean to this
audit, which is the highest rating an auditor can assign.
• Several CM recognized the staff for their outstanding work and the delivery of a
clean audit.
• CM had no questions or other comments.
Motion by CM Hultin to accept the results of the 2021 Financial Audit. Seconded by CM
Dozeman. Passed 7-0.
3. Motion to approve payment for Recreation Center boiler.
CM Stites introduced this item.
ISSUE
The boilers at the Rec Center have reached the end of their useful operating lives and
require replacement as we approach fall and winter.
Ms. O’Donnell provided a detailed review of the situation and recommended
expenditures to address this issue.
CM Stites asked about long-terms plans for the Rec Center, and staff gave a detailed
answer.
Motion by CM Stites to approve the expenditure of $85,553 to Long Building
Technologies for the provision and installation of domestic water heaters for the City of
Wheat Ridge Recreation Center. Seconded by CM Weaver. Motion passed 7-0.
CITY MANAGER’S MATTERS
Mr. Goff thanked his excellent management team and staff for their exemplary work in
keeping the City operational during the ongoing cybercrime incident. He reported how it
began, how our IT professionals responded immediately and progress to date in
restoring files and services. He mentioned some possible milestones for turning on
various services. He revealed that the incident is a ransomware attack.
Mr. Goff expressed our sadness and condolences to the City of Arvada and their Police
Department upon the death of another Arvada Officer in the line of duty.
City Attorney’s Matters
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
City Clerk Kirkpatrick announced that a referendum petition has ended the cure period
and that the Office of the City Clerk is reviewing these submissions. More information
will be announced as needed and timely.
CM Nosler Beck thanked the staff for their outstanding performance during the current IT
incident. She recognized Ms. Scheck for her amazing leadership during this time. She
also discussed the neighborhood school closings announced 3 weeks ago. Three Wheat
Ridge schools are on the list of closures. She asked anyone who wants to get involved
to contact her or CM Stites.
CM Hutchinson also thanked Ms. Scheck for her leadership. She sent her sincere
condolences to the family of the Arvada Officer and the Police Department.
CM Dozeman expressed similar thoughts and sentiments toward those affected in
Arvada. CM Dozeman also thanked the staff for their hard work and leadership during
the ongoing cybercrime situation. She the grand re-opening of Caesar Square,
supported by $3.5 million in private activity bonds. She and CM Stites attended the
ribbon cutting for that event and saw on a tour all of the hard work that so many have
done.
CM Stites echoed his peers’ remarks and condolences to Arvada and our gratitude to the
staff. He commented on the neighborhood school closing, specifically about the process
and the ways the public, PTA and families can influence the process. He expressed his
concerns and disappointment with the Jeffco Schools and the process they are
conducting, especially their lack of public input and their reliance on incomplete,
irrelevant, and stale data.
CM Stites and CM Weaver will have a District meeting at 9 am this Saturday in Louise
Turner Park, and a dumpster will be available.
CM Ohm supported and agreed with his peers’ sentiments. He also made comments
about the Jeffco Schools closing plans. He told a story about two women whose lives
were propelled forward when they attended Head Start as children. At a recent block
party he heard comments from residents about the school closings. He attended a CML
meeting recently, where a mayor from another city said a friend had recently moved to
Wheat Ridge and loves our City. He read a thank you card he received from a
constituent thanking the WR PD.
CM Weaver thanked all the staff again. She repeated the details of the District III
meeting. She attended Topping Off ceremony for the new hospital at Clear Creek
Crossing and a new business opening. She attended the 50th Anniversary celebration of
the founding of Happiness Gardens.
CM Hultin acknowledged the skill, devotion, attitudes and expertise or our staff. She also
recognized Ms. Scheck for her outstanding performance. She recounted some pleasant
times spent in Happiness Gardens. She is incredibly impressed with the quality of our
staff and the outstanding people we continue to hire. District II will hold a district meeting
with a dumpster this Saturday as well (44th and Brentwood). CM Hultin also enjoyed
attending a recent event where the participants delved into designing affordable housing.
Mayor Starker added his appreciation and thanks. He noted that the team that leaders
here formed met the test. He also acknowledged the recent police death in Arvada. He
thanked our officers for their work with us. He recounted several recent ribbon cuttings
for new business. He thanked those who attended coffee with the Mayor last Saturday.
Slow down when you are driving, especially around dusk.
ADJOURNMENT
The City Council Meeting adjourned at 8:00 pm.
_____________________________
Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON ________, 2022.
___________________________
Rachel Grace Hultin, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they
contain a record of what was done at the meeting, not what was said by the members.
Recordings and DVDs of the meetings are available for listening or viewing in the City
Clerk’s Office, as well as copies of Ordinances and Resolutions.
1
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue
September 19, 2022
Mayor Bud Starker called the Study Session to order at 6:33 p.m.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the meeting format how citizens will have the opportunity to
be heard, and the procedures and policies to be followed.
Wheat Ridge Speaks – there were no comments entered for this session.
Also present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Community
Development Director, Ken Johnstone; Director of Administration Allison Scheck;
Director of Parks and Recreation, Karen O’Donnell, members of the Land
Acknowledgement Committee, other staff and interested citizens.
Wheat Ridge Speaks – there were no comments entered for this session.
Citizens’ Right to Speak
Renee Millard-Chacon came to represent her indigenous community, which has lived in
Colorado for centuries. She spoke about environmental racism. Land acknowledge-
ment is long overdue and will have a significant impact on the self-image and public
perception of indigenous First Nations. She listed the many of the 48 First Nations of
indigenous peoples who live and have lived in Colorado. Her life’s work has focused on
the rights of indigenous First Nations peoples and their oppression and expropriation of
their lands.
1. Land Acknowledgement Committee Update
ISSUE:
Ms. O’Donnell introduced the LAC’s presentation to update the Mayor and Council.
Councilmembers Hoppe and Nosler-Beck requested a study session to discuss with the
Mayor and City Council the establishment of a land acknowledgement program for the
City of Wheat Ridge. That meeting was held on October 4, 2021. The City’s Land
Acknowledgement Committee would like to provide the City Council with an update on
their progress and next steps.
What is land acknowledgement?
Indigenous land acknowledgment is an effort to recognize the Indigenous past, present,
and future of a particular location and to understand our own place within that
relationship. Usually, land acknowledgements take the form of written and/or verbal
2
statements. It’s becoming more and more common to see land acknowledgements
delivered at conferences, community gatherings, places of worship, concerts, and
festivals, etc.
Ms. O’Donnell and the Committee members (Morgan Richards, Jenny Snell, and
Kathleen Martel, who could not attend) gave a detailed report to Council on their work to
date and their plans for next steps. For instance, they brought artifacts that are part of
the indigenous First Nations traveling display for Council’s appreciation.
CM had comments and questions:
• CM Hoppe thanked the Committee for an excellent and thorough presentation
and asked about next steps the Committee would recommend.
• CM Weaver commented that perhaps private landowners might like to participate
in this effort and a part of the acknowledgement.
• CM Hultin thanked the Committee members, who she commented are bringing
these concepts and calls to action in a thoughtful, deliberate, and inclusive way.
We can use the process the Committee has fostered as we address other issues
and movements in the future. Keep up the great work! Later she thanked her
friend Renee for her presence and for her impact whenever we meet with her.
• CM Nosler Beck commented on her experience participating in one of the
Committee’s sessions. She was grateful to be invited to participate in a very
open process. She thanked the Committee for their hard work. She also
commented on her family’s history in Wheat Ridge and opined that this topic is a
missing piece of our history and heritage. Progress requires that we look deep
into ourselves as we move forward. She believes that working with the schools
is a very important part of the Committee’s action plans. She commented that a
shortened version of the proclamation draft might be made a part of our
organizational culture.
• CM Dozeman echoed her peers’ comments, and specifically supported the idea
of including the schools in our efforts to acknowledge our history.
• CM Stites agreed as well. This hard work means a lot to us, but more so to
those who came before us. The words the Committee spoke is less important
than the actions they recommend we take to make our history part of our current
mindset.
• CM Ohm also agreed, thanking staff and the Committee, for many great ideas
produced by hard work. He recently saw a display of native plants with signs
naming them in both English and Ute, which he felt was an important learning
opportunity. His background includes indigenous peoples, so this is near his own
heart.
3
• CM Hutchinson also thanked those involved and encouraged the Committee to
keep its programs as simple and easy to understand as possible, especially for
our elementary school students.
• Mayor Starker commented on their hard work and encouraged the group to
continue their work.
Staff Reports
Mr. Goff deferred.
Elected Officials Matters
City Clerk Steve Kirkpatrick announced that the recent referendum petition to refer
Ordinance 1744, ADU, to the voters resulted an insufficient number of valid signatures
collected. Any Wheat Ridge elector (registered voter) may file a protest regarding the
insufficient petition until October 4, 2022.
CM Hultin thanked Local Works for dumpster day that was so well attended that the
dumpsters were full in an hour. Very successful event; we are now rid of some of our
trash. On October 1 at 10 am she and CM Ohm will hold a District meeting.
CM Stites reported that he and CM Weaver had a successful dumpster event and an
informative conversations. He also commented on an event he recently attended at
Kullerstrand.
CM Ohm on Sept 24 there is a clean-up effort at Clear Creek Crossing.
CM Nosler Beck on October 24 the Jeffco School Board will hold a meeting to discuss
plans to close three neighborhood schools in Wheat Ridge.
CM Dozeman thanked the Parks and Rec staff for their recent work at Anderson Park to
provide a new play area. She thinks the one-half of one cent tax increase is well spent.
ADJOURNMENT
The Study Session adjourned at 7:22 pm.
APPROVED BY CITY COUNCIL ON _________, 2022
____ ____
Steve Kirkpatrick, City Clerk
____ ____
Rachel Grace Hultin, Mayor Pro Tem
Minutes of Special Meeting of the City Council
September 19, 2020
Upon request of Mayor Starker, City Clerk Kirkpatrick notified all CM of the call to this
special meeting.
Mayor Starker called the Special Meeting to order at 7:30 pm in Council Chambers.
All eight members of Council were present: Janeece Hoppe, Judy Hutchinson, Rachel
Hultin, Scott Ohm, Amanda Weaver, Korey Stites, Leah Dozeman, Val Nosler Beck.
Also present: Patrick Goff, Allison Scheck, City Clerk Steve Kirkpatrick, and outside
counsel
Pledge of Allegiance
Motion by CM Hultin, seconded by CM Stites, for a conference with the City
Attorney, City Manager, and appropriate staff under Charter Section 5.7(b)(1)(D)
and CRS 24-6-402(4) (b) for the purpose of receiving legal advice on specific
legal questions concerning network interruption and restoration. CM Hultin
further moved to return to the open meeting at the conclusion of the executive
session to take any actions deemed necessary.
Motion passed 8-0. Council began the executive session at 7:33.
Executive session concluded at 9:01pm and open meeting resumed. CM Hultin moved
to adjourn the Special Council Meeting, seconded by CM Hoppe. Motion carried 8-0,
meeting adjourned at 9:02 pm
APPROVED BY CITY COUNCIL ON ---------.
____
Steve Kirkpatrick, City Clerk
________
Rachel Grace Hultin, Mayor Pro Tem
Page 1
City Council Minutes
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 26, 2022
Note: This meeting was held virtually, using Zoom video-teleconferencing technology.
As duly announced and publicly noticed, Council previously approved this format in
order to continue with normal business and respond to the CoVid-19 Pandemic and the
related public emergency orders promulgated by the President of the United States, the
Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to
order, Mayor Starker stated the rules and procedures necessitated by this meeting
format.
Mayor Starker called the Regular City Council Meeting to order at 7:03 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS: All eight councilmembers were present.
Janeece Hoppe Judy Hutchinson Scott Ohm Rachel Hultin
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also present: City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; City Attorney,
Gerald Dahl; City Manager, Patrick Goff; Police Chief Christopher Murtha;
Administrative Services Director, Allison Scheck; other staff, guests and interested
citizens.
Proclamations and Ceremonies
2022 Breast Cancer Awareness Month
The Mayor read a proclamation describing the fight against breast cancer and the essential nature of
early detection as a result of self-breast examinations.
2022 Domestic Violence Awareness Month
Because domestic violence impacts so many people everywhere, the City supports this annual event to
show support for the victims and ,more important, efforts to stem the tide and alleviate the causes and
impacts. The Mayor declared that domestic violence will not be tolerated in our City.
Det. Sherry Els, Wheat Ridge Police Department, accepted the proclamation on behalf of those in law
enforcement and social services who work to prevent domestic violence and assist its survivors.
2022 National Pedestrian Safety Month
Officer Molly Stark, WRPD, accepted this proclamation. The Mayor read the proclamation, which
emphasized the value of walking for physical and mental health. Walking supports local businesses. In
Page 2
2020 more than 6,500 pedestrians were killed in vehicle collisions, and ten times that many were
injured, it is incumbent upon drivers to attend to their surroundings and drive safely.
Wheat Ridge Softball League Champions
The Wheat Ridge High School Software Team with their coaches attended to receive the proclamation
and celebrate their recent victory – their third overall, and sixth in the past ten years. The team has also
appeared in the playoffs for state championships for the last 25 years, including many state
championships!
APPROVAL OF AGENDA
Without objection, the Agenda was approved as published.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments
of up to 1,000 words on any Council agenda item. The deadline for citizens to
submit comments is 12:00 Noon Mountain Time on the day of a Council session
so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks (WRS) comments
into these minutes, placing each comment along with the record for that agenda
item, including items that include a public hearing (verbatim, if the comments do
not contain lascivious language or unlawful hate speech).
For this meeting there were general comments entered in WRS, which are
transcribed below in Citizens’ Right to Speak.
Public’s Right to Speak
Joseph Crows, IV, 3720 Yukon Ct. – A Colorado native came to discuss Caine’s Chicken Fingers located
adjacent to his residence. The business has several loudspeakers that broadcast loudly and create an
annoyance for the residents of his apartment complex. The speakers are blasting sound at our building
in the wee hours of the morning. Staff from the restaurant stay in the parking lot after closing to party,
ride skateboards and otherwise disturb the peace.
Alanna Ritchie 3905 Zephyr Street came to decry the closure of three elementary schools in Wheat
Ridge. The Jeffco School Board and administration has conducted a process in private without adequate
community input. The School Board ignores the health and safety of children who will in the future
attend a different school, taking serious risks as they walk further and cross busy thoroughfares. They
have ignored after school activities. She moved to Wheat Ridge to allow her child to walk to their legacy
elementary school, which is not on the list for closing (Wilmore-Davis). These schools on the list of
closures must not be closed, and she urged Council to convey our opposition to the School Board.
Josie Mares, 4385 Ammons St. came to oppose the closure of 3 of the 6 elementary schools in the City
of Wheat Ridge. If these schools are closed, that will have several major, unpleasant, and unsafe
impacts. Combining schools will negatively impact the quality of our children’s education. She urged
Council to oppose the plan.
Page 3
Suzette Velasquez 3675 Quay St. She has three small children who attend one of the schools on the
closure list. When the public meeting was held, we had a lot of questions and the Jeffco Schools had no
answers. Consider how the current list of closures planned compares to the list from 5 years ago;
everything on the list changed. Please, see the value of our community school and oppose the
Destiny Farr, 1465 S. Eaton St., Lakewood came to oppose the school closure plans. She has deep roots
in the community and this proposed action will change the community for the worse. She has two
special needs kids whose needs are not considered adequately in this plan to close half of the
elementary school in our City. A coalition of community members and parents have come together to
oppose this plan. They should never balance the budget on the backs and futures of our children.
Meghan Schlaider, 10315 W. 33rd Ave. - Came to ask Council and anyone listening to oppose the plans to
close our elementary schools. The district has acknowledged that the current plan may have to be
reversed as the City grows, especially with the coming of Clear Creek Crossing. The district’s closure
plan should not be approved. This plan not only impacts our children but our entire community and its
quality of life. Please, as a Council, submit commentary to the Jeffco School board via any avenue
available.
Jessica Tibbett, 3929 Simms St. came to oppose the school closing plans. She has three small children.
The budget is a reality. However, the Jeffco Schools have used flawed or slanted methodologies to
justify their recommendations for closing three of our elementary schools. Based on the data presented
at recent school meeting did not justify the recommendations to close our schools.
Christine Rhome, 3870 Allison St. – came to oppose the school closing. Several community members
who have no children have come forth to oppose the district’s plan because of the impact it will have on
our quality of life. Listen to the people and oppose this plan. There are tons of data on the website to
help oppose this plan.
Kim St. Martin, 3435 Vivian Ct. – as president of the PTA at Kullerstrand she came to oppose this plan on
behalf of our parents, children, and neighbors. Many new residents are young couples who will have
children to attend in the future. If this plan is implemented the Jeffco Schools has no idea what the
consequences of these plans would be for our kids.
CM Stites announced that a constituent has submitted a comment into the record.
Consent Agenda
Nothing tonight.
Public Hearings and Ordinances on Second Reading
Nothing tonight.
Ordinances on First Reading
Nothing tonight.
Page 4
Decisions, Resolutions and Motions
1. Motion to cancel the October 24, 2022, Regular business meeting.
Issue
The Jeffco School Board will hold a public hearing on this date that many Council members will attend,
and we will not have a quorum.
Public Comments – no one came forward to speak.
CM asked that any other CM not otherwise engaged, please, attend the Jeffco Schools public hearing.
Motion by CM Hultin to cancel the October 24, 2022, regular meeting of City Council. Seconded by CM
Hoppe; motion passed 7-0.
2. A resolution supporting an application to the Colorado Parks and Wildlife’s Non-
motorized Trails Grant Program for the proposed Tabor Lake Trail Construction.
CM Nosler Beck introduced this item.
Issue
CM Weaver asked about feedback obtained since we last discussed this item. Ms. O’Donnell responded
in detail.
CM Ohm asked about the history of this project and why Colorado School of Mines students were
chosen to implement this project. Who oversees their work? What liability risk does the City run when
students are involved in the project? Ms. O’Donnell again gave a detailed answer to the questions.
Cm Hultin supports this project and our collaboration with the neighborhood schools. She opposes this
plan because 44th Avenue is too dangerous for cyclists and pedestrians. The plan needs to provide
better access to 44th Ave for walkers and cyclists as this moves forward.
Motion by CM Nosler Beck to approve A resolution supporting an application to the Colorado Parks
and Wildlife’s Non-motorized Trails Grant Program for the proposed Tabor Lake Trail
Construction.
Seconded by CM Stites. Motion passed 7-0.
City Manager’s Matters
Mr. Goff announced upcoming events. There is a joint open house tomorrow, Sept. 27, at the WRRC to
discuss the 44th Avenue Subarea Plan and our Open Space Management Plan with residents.
DRCOG awarded the City three transportation grants in the past week:
• $ 890,000 for bike and pedestrian safety at 32nd Ave. and I-70
• $6,500,000 for a shared use path, West Side of Wadsworth between 32nd and 35th Avenues
• $8,300,000 for multi-modal access improvements at the Wheat Ridge Ward Road Station.
Last week the City received a check from the Metropolitan Football Stadium district for $500,000 as a
result of the change of ownership of the Broncos. The funds are only for youth activities.
Page 5
City Attorney’s Matters
Nothing tonight.
Elected Officials Matters
City Clerk Kirkpatrick noticed that throughout the past 30 months the City staff have demonstrated their
expertise, their commitment to their service and kept the City operating despite a global pandemic and
a ransomware attack. Kirkpatrick thanked them all profusely, noting that this kind of highly performing
organization starts with the leadership at the top levels.
CM CM Nosler Beck asked when the designated date for trick or treat is scheduled? October 22nd is the
designated date. She noted all the comments this evening about school closures and commended those
who stepped forward to lend their voices to the opposition to the closing plans. Our community has
done a great job of coming together to advocate for our community, our children, and our quality of life,
and creates a lot of uncertainty among teachers and school staff and administrators. She also thanked
the staff for their hard work during the ransomware attack to connect to the school district.
CM Stites attended the Art on the Farm event last Saturday. His children fully enjoyed it! He thanked
his neighbors for holding block parties and Local Works for supporting these events. The business
awards breakfast is this Thursday. He asked that staff prepare a letter to the Jeffco School Board in the
name of the Council and the City, and a Resolution of Council opposing the planned school closing.
Wheat Ridge has been hit much harder.
Consensus proposed to compose a letter to Jeffco School Board opposing the school closing.
Consensus attained.
Consensus proposed to present a resolution of Council at the October 10th Council Meeting and discuss
the wording at Study Session on October 3.
Consensus attained.
CM Ohm recounted discussions he has had with the Jeffco School Superintendent and Board President.
He fully supports a letter and resolution. Last Saturday he and his wife, and 650 other volunteers, did a
clean-up of litter in Clear Creek Canyon. They collected more than 20 tons of garbage that will now not
flow down into our community.
CM Weaver will follow-up with Mr. Goff regarding the Raising Caine’s noise problem. It’s getting darker
earlier, so be careful as you drive at dusk and after dark, especially where there are no sidewalks.
CM Hoppe expressed her gratitude for the domestic violence proclamation this evening. The Porchlight
Family Justice Center is having a fund raiser soon.
CM Hultin recalled that her son was hit by a vehicle in a crosswalk last year. As drivers we need to pay
strict attention to crosswalks, rights of way and the safety of cyclists and pedestrians. She cannot
believe that elementary school children will have to cross Wadsworth to attend school if the closure
plan passes. This Saturday CDOT will hold a tour of all the projects funded by these agencies in Wheat
Ridge. She recognized these investments in our City. At Happiness Gardens at 10 am this Saturday she
and CM Ohm will hold a district meeting.
Page 6
Mayor Starker thanked all of those who came to speak tonight and ensures them that their voices are
heard. He thanked the WR High School Softball Team for coming tonight. He thanked Detective Els for
coming tonight to accept our resolution on domestic violence. Take care as you drive. He also thanked
the staff who are conducting neighborhood input sessions because we need a robust discussion on
these issues.
The City Council Meeting adjourned at 9:08 pm.
_____________________________
Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON __________
___________________________
Rachel Hultin, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD’s of the meetings are available for listening or viewing
in the City Clerk’s Office, as well as copies of Ordinances and Resolutions.
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
Hybrid - Virtual Meeting
October 3, 2022
Mayor Pro-Tem Janeece Hoppe called the Study Session to order at 6:30 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. A quorum of members
(eight) of Council were present in Council Chambers for this session.
Mayor ProTem Hoppe welcomed the Council, other elected officials, staff and interested
citizens. She also explained the virtual/hybrid meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites,
Valerie Nosler Beck, Janeece Hoppe, and Leah Dozeman.
Mayor Starker and CM Rachel Hultin were traveling out of town.
Also present: City Attorney, Gerald Dahl; City Manager Patrick Goff; City Clerk, Steve
Kirkpatrick; Assistant to the City Manager, Marianne Schilling; Homeless Navigator,
Rebecca Rudabaugh; Housing Navigator, Kory Kolar; interested citizens and guests.
Public’s Right to Speak
Kate Zaback, 4310 Garland St. came to discuss the proposed closing of 3
neighborhood elementary schools in Wheat Ridge. We were blindsided by the Jeffco
District plan to close 3 elementary schools in Wheat Ridge, with little or no community
input. Many of the schools on the list for consolidation have very different
neighborhoods. They acknowledged none of the history of school closings. She
understands the district’s dilemma, but there is no plan to address the issues we should
be addressing: curricula, special needs programs, and transportation.
Cassie Hertert, 4150 Carr St. – came to oppose the school closing plans. She grew up
in Wheat Ridge, attending Kullerstrand and Wilmore Davis. She moved here from NW
Denver where she hopes to raise her children in our great schools. We have a budget
crisis that needs to be addressed. However, the current plan does not address key
needs for students and families, especially those with special needs, who will attend
schools with no appropriate program offerings. Please oppose these changes and ask
for a collaborative solution.
Morgan Richards, 3255 Ames St. – spoke as a parent of teenagers, to raise the issue of
equity in our schools. She quoted a number of statistics related to the plan now on the
table, and the issues that plan does not address well or at all. For instance, there
should be an equal distribution of funds per pupil in all of our schools, which at present
there is not. Please, champion our community and demand that these school
consolidations are more equitable and inclusive.
Note about Wheat Ridge Speaks:
Members of the public may visit the Wheat Ridge Speaks website and enter written
comments of up to 1,000 words on any Council agenda item. The deadline for the
public to submit comments is 12:00 Noon Mountain Time on the day of a Council
session so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item.
No comments appeared in Wheat Ridge Speaks for this session of Council.
1. Homeless Navigation Update
Issue
The most recent Homeless Navigation Program update was in February 2022. The
purpose of this study session item is to introduce the Housing Navigator and for both
Navigators to provide a general update to City Council regarding the Homeless
Navigation Program.
Staff Reports
Mr. Goff and Ms. Schilling introduced the Homeless Navigator Rebekah Raudabaugh,
and Housing Navigator, Kory Kolar, who spoke on recent accomplishments and current
plans going forward. Their guiding principles informed the work of the Navigator:
• Weekly outreach efforts which consist of contacting individuals living
unsheltered and offering resources and basic need items such as socks,
water, snacks, etc., to build rapport and trust
• Attending Municipal Court to provide support for persons experiencing
homelessness
• Completing intakes for the Homeless Management Information System
(HMIS) and assessing clients’ needs
• Assisting clients with obtaining vital documents
• Making referrals for healthcare, mental health, substance misuse, legal issues,
and benefits
• Navigating clients to identify a pathway towards housing
• Assisting clients with housing searches, applications, and deposits
Mr. Goff discussed the recent history of efforts to open homeless navigation centers in
Jefferson County. Arvada and Lakewood recently severed their joint effort with a firm
called Blue Line and a new plan is under development.
Councilmembers had questions and comments:
Councilmembers asked detailed questions about several topics, engaging in discussion
among themselves and with staff, who answered their questions in detail:
• Thanked the staff for their report and more so for their hard work.
• If people want to contribute either funds or in kind goods for the homeless
hygiene kits, how can they do that? Staff provided a detailed answer.
• Just today, like many days, CM Stites saw people visiting the lobby at City Hall
seeking information about services. He asked how the Homelessness staff will
work with that population, given the hotel and motel ordinance passed recently.
Mr. Goff provided a detailed answer.
• What happens when a person needs shelter and they have a pet, what can we
do to house their pet? Staff replied that Foothills Animal Shelter will provide
lodging for pets.
• What kinds of services for the unhoused do nearby municipalities provide?
Again, staff provided a detailed answer.
2. Ethics Code
Issue
Home Rule cities in Colorado may conduct their own ethics procedures and
investigations if they pass a local ethics ordinance.
Staff Reports
City Attorney Gerald Dahl spoke on the issue including prior action of the CC in 2019
and 2020 where council considered an ordinance prior. Items under consideration for
an ordinance could include but not be limited to:
• Gift Bans
• Suggested language for a Wheat Ridge ethics code
• Conflicts of Interest
• Appearance of Impropriety
• Enforcement
Councilmembers had questions and comments:
CM thanked Mr. Dahl for his presentation along with his excellent preparation and
groundwork.
CM Ohm asked about “safe harbor,” provisions in a possible ethics ordinance; what
does the term mean and how would we apply it? Mr. Dahl gave a detailed reply.
Several CM expressed support for proposing a local ethics ordinance.
Several members in previous Councils have expressed concern that there should be an
appeal process following any action on ethics by the Council under a possible local
ethics ordinance. Would there be an appeal process? Mr. Dahl discussed options in
detail for possible provisions in a local ordinance.
CM Hoppe proposed a consensus to direct staff and the City Attorney to move forward
with drafting a local ethics ordinance including an appeal process.
Consensus attained.
3. Proposed Wheat Ridge Elementary School Closures
Issue
On August 25, 2022, the Jeffco Public Schools staff made a recommendation to the
Board of Education for school closures and consolidations effective for the 2023-24
school year. A total of sixteen elementary schools are proposed for closure, of which,
three are in Wheat Ridge. New Classical Academy at Vivian is proposed to close and
consolidate with Stober. Wilmore-Davis is proposed to close and consolidate with
Stevens. Kullerstrand is proposed to close and consolidate with Prospect Valley.
Councilmembers Stites and Nosler Beck received consensus from City Council at the
September 26, 2022, regular meeting to discuss options of drafting a letter to the Board
of Education and/or approval of a resolution in opposition of the school closings.
Following is their proposed outline of an agenda:
• Overview of JeffCo School District School closure plan and timeline.
• Update on Wheat Ridge data and schools closing and schools receiving schools.
• Review the draft letter asking for postponing the November 10th vote to allow for
time for a more robust community engagement strategy and/or vote no on 16
school closures on November 10, 2022.
Staff Reports
City Manager Patrick Goff, spoke on the issue including the criteria used by Jeffco
Schools to develop the list of schools recommended for consolidation.
Councilmembers had questions and comments:
CM Hoppe expressed her concern that she does not see many other options for the
Jeffco School District to pursue other than closing schools. She asked that any letter
say, “…we the undersigned members of the City Council, …” and not the entire Council.
CM also discussed what a possible letter might ask the School Board to do. Of course,
the letter will object to closing three of our elementary schools. However, we should
also ask for a better proposal that addresses transportation, curriculum, special needs
programs, and other local concerns.
Few would dispute the assertion that the public engagement in this decision making
process has been sorely lacking at best.
Wheat Ridge has already seen too many school closings. We lost a junior high school
and now 3 more elementary schools. Next, they may come with a plan to close Wheat
Ridge High School. We need a conversation addressing a bigger list of issues for both
the current situation and for middle-term and long-term plans.
This is a flashback to 2017, when CM Stites and Dozeman met with district officials
about just this kind of planning. The district ignored the recommendations from that
group going forward. Might the District do the same thing again? CM Dozeman opined
that since there has been a total absence of community input to date, we can expect
more of the same.
CM Hoppe discussed her family’s experience with school closing in the past. When you
look at the process so far, the decisions seem based on data. Because the School
District must reduce its budget, they chose this process. A lot of people are grieving the
loss of these schools, but all we have done in the past is “kick the can down the road,”
while the district addresses those with the ability to organize and oppose closing their
schools. Therefore, she will not support a letter or resolution, but hopes that other CM
will do what they feel that they need to do in the current situation.
If we oppose closing one or more of our schools, then we need to have rebuttal
arguments addressing the criteria the District is using based on current data and
projected population growth and the demand for seats in elementary schools going
forward. For instance, at some point there will be people living in the current Lutheran
Legacy campus. How should that fact influence current and future planning?
CM Stites proposed a consensus to move forward with a draft letter to the Jeffco
School Board, as our elected officials, from “the undersigned members of the City
Council,” seeking reconsideration of the closing list; addressing the local issues of
importance to our children, parents, and neighborhoods; and addressing the work
already done at the Futures Conference.
Consensus attained.
4. Staff Report(s)
Noting tonight.
5. Elected Officials’ Report(s)
CM Hutchinson,
CM Ohm attended the Multi-family Conference this week. Wheat Ridge has no
affordable housing program, which puts the City at a disadvantage when developers
consider projects. He also heard someone opine that “live, work, play,” is dead as an
amenity. What people want is events like the Carnation Festival. CM Ohm and Hultin
had a District II meeting at Happiness Gardens Saturday, October 1. He asked about
affordable housing in their District. That phrase has a negative connotation; one
suggested instead that we call it “housing for people.” He also heard from his wife that
the term homeless is no longer politically correct; the new term is “unhoused.”
CM Nosler Beck reported that her constituents expressed their concern that
encouraging composting will only attract more rats. The rat population across the
country is exploding. However, the residents oppose poisoning the pests because that
poison also kills the rats’ natural enemies: raptors, canines, and large cats, including
pets. Mr. Goff commented that the City staff do and will intervene when a large
infestation occurs. CM Ohm reported on a method to kill rats with dry ice; the
sublimating carbon dioxide suffocates rats when confined to a closed box.
The Mayor thanked everyone for a productive meeting, and encouraged us to drive,
cycle and walk carefully to protect one another.
ADJOURNMENT
The Study Session adjourned at 8:33 p.m.
APPROVED BY CITY COUNCIL ON October 10, 2022.
Steve Kirkpatrick, City Clerk
Rachel Hultin, Mayor Pro Tem
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
Hybrid - Virtual Meeting
October 17, 2022
Mayor Bud Starker called the Study Session to order at 6:34 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. A quorum of members
(eight) of Council were present in Council Chambers for this session.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have
the opportunity to be heard, and the procedures and policies to be followed.
Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites,
Valerie Nosler Beck, Janeece Hoppe, and Rachel Hultin. CM Dozeman excused
herself for a family obligation.
Also present: City Attorney, Gerald Dahl; City Manager Patrick Goff; City Clerk, Steve
Kirkpatrick (Virtual); City Treasurer, Chris Miller; Director of Administration, Allison
Scheck; Chief of Police, Chris Murtha; WR Police Department; Assistant to the City
Manager, Marianne Schilling; Director of Parks and Recreation, Karen O’Donnell;
Andrew McDonald, Forestry Supervisor, Parks and Rec; Jeff Hurt, Senior Planner;
Steve Wynn, Engineering Manager; interested citizens and guests.
Public’s Right to Speak
No one came forward to speak this evening.
Note about Wheat Ridge Speaks:
Members of the public may visit the Wheat Ridge Speaks website and enter written
comments of up to 1,000 words on any Council agenda item. The deadline for the
public to submit comments is 12:00 Noon Mountain Time on the day of a Council
session so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item.
No comments appeared in Wheat Ridge Speaks for this session of Council.
1. Department project updates
Introduction
City Manager Patrick Goff introduced that the last two and one-half years have been
quite eventful for the City of Wheat Ridge. Starting with the COVID-19 pandemic in
March 2020, City Council and staff pivoted through social injustice concerns, the “Great
Resignation”, a police officer involved shooting, a seriously wounded police officer,
employee deaths and illnesses, unprecedented homelessness issues, record growth in
commercial and residential development, and a ransomware attack.
In spite of all these unique challenges, the organization has continued to advance City
Council initiatives and priorities. The following summary is an update on some of these
major items. City Council agendas have been lighter than normal recently and several
meetings have been canceled. However, the organizations plate is full, and progress is
continuing to be made on important projects.
Staff Reports
Mr. Goff and Ms. Scheck summarized a multitude of topics related to this item. Those
topics included but were not limited to:
• Cyber Incident
• Investing 4 the Future Bond Projects
• Improve Wadsworth Project
• Wheat Ridge · Ward Station
• Anderson Park – COMPLETED
Along with City Council Strategic Priorities which included:
• New Efforts of Engagement in Government; Understanding City Processes
• Implement Bulk Plane in all Residential Districts – COMPLETED
• Re-examine, advance sidewalks on 38th Ave
• Review the Vision, Mission, and Funding of LocalWorks – COMPLETED
• Streamlining Permit Processes
• Commercial Corridor Code Review
• Develop Solutions and Work with Partners to Address Homelessness
Current Studies and Planning Processes
• Affordable Housing Strategy
• 44th Avenue Corridor Plan
• Open Space Management Plan
• 35th Avenue Street Improvements
• Let’s Talk
• Ward Road Railroad Crossing
• Development Update
• Renewal Wheat Ridge
Public Improvement Projects
• 32nd and Youngfield Street Bicycle and Pedestrian and Aesthetic
Improvements
• Wadsworth Sidewalk – 32nd to 35th
• Lena Gulch Floodplain Project
• Neighborhood Traffic Management Program
• Pavement Striping and Marking
• Annual Pavement Maintenance Contracts are Complete
• 44th Avenue Bridge Repairs
• 38th Avenue Pedestrian Improvements
Parks, Forestry and Open Space
• Prospect Park Phase 2
• Preservation Projects at the Richards-Hart Estate and Sod House
• School of Mines Team Planning a Trail Around Tabor Lake
• Prospect Lake
• National Public Lands Day
Recreation and Play
• Performances in the Park
• Active Adult Center Activities
• Aquatics
• Wheat Ridge Recreation Center
Sustainable Wheat Ridge
Landscape Inspection Program
Tax and Licensing
• Short-term rental licensing
• Tobacco retail licensing
• Hotel licensing
Human Resources
Public Safety
• Training
• New Equipment
• Relationship Based Policing
Councilmembers had questions and comments:
Councilmembers asked detailed questions about several topics, engaging in discussion
among themselves and with staff, who answered their questions in detail:
• Several CM thanked the staff for their report and more so for their hard work.
• CM Stites opined that the newly built communications team is doing a fantastic
job. He also asked Chief Murtha to comment on car thefts, the trend in those
crimes and what the PD is doing to address the problem. Chief Murtha gave a
detailed answer, reporting that vehicle theft is a nationwide, statewide, and
countywide problem.
• CM Ohm asked about the restaurant planned to occupy a space at Golds
Marketplace. Mr. Goff replied that the restaurant is still coming and has been
delayed by a combination of events, mostly the supply chain.
• CM Ohm asked staff to discuss their plans to prevent and otherwise mitigate the
ash borer pest that is decimating that tree’s population, has spread to nearby
cities, and will inevitably arrive here. Staff gave a detailed answer.
• CM Hultin Congratulated staff and profusely thanked them for their outstanding
work over the past 30 months, from pandemic to cyberattacks.
• CM Hultin then asked for an update on enforcement of the “massage parlor,”
ordinance. Chief Murtha reported in detail that the ordinance has been enforced
successfully enough to rid us of bad actors and give others pause before setting
up shop in Wheat Ridge. She also mentioned that Sustainable Wheat Ridge will
soon accelerate work on a new long-term plan.
• CM Hultin opined that she has been very impressed with the newly re-built
communications team. She then praised the results enjoyed by increasing that
team to 3 staff from 2.
2. 2022 Budget updates
Issue
The 2022 Budget was adopted by City Council projecting a 4.8% increase in General
Fund revenues and an 8.0% increase in General Fund expenditures compared to the
2021 estimated year-end budget, which would provide for unrestricted reserves of 25%
of operating expenditures. In this document we present a budget update based on
revenues received and appropriations expended through August 31, 2022
Staff Reports
City Manager Patrick Goff spoke on this topic and their related items. Those topics
included but were not limited to:
General Fund Expenditure Analysis – 2021 and 2022 Comparison
• Community Development is up 35%
• Parks and Recreation is up 22%
• Police Department is up 12%
• General Government is up 7%
General Fund Revenue Analysis – 2021 and 2022 Comparison
• Total sales tax revenue is up compared to the same period last year
experiencing a 5.6% increase
• Other tax revenue is up 21.5% compared to 2021
• Use tax revenue is down slightly by 8.5% compared to 2021
• License revenue is up 46.8%
• Intergovernmental revenue is up slightly by 4.4%
• Service revenue is up 14.4%
• Fines & Forfeitures revenue is down approximately 45%
• Other revenue is down 3.1%
American Rescue Plan Act (ARPA) Expenditures
General Fund Reserves
Councilmembers had questions and comments:
• Several CM thanked the staff for their report and more so for their hard work.
• CM Ohm asked about funding in the 2023 budget for ash borer treatment and
prevention/defense. Staff replied in detail. Then CM Ohm asked about a budget
for air quality signs at our Interstate interchanges and Mr. Goff gave a specific
reply.
• CM Ohm then asked Chief Murtha about a budget for additional license plate
readers and training for officers to use the technology. Chief Murtha gave a
detailed answer.
• Mayor Starker asked about the status of the bond program that will end soon
end, perhaps as soon as 2024. Mr. Goff gave a detailed reply, including the fact
that the payoff is proceeding well.
CM thanked Mr. Goff for his presentation along with his excellent preparation and
groundwork.
3. Staff Report(s)
Chief Murtha gave an account of a vehicle theft (large pickup towing a small machine
trailer) that occurred yesterday along Sheridan Avenue near Edgewater.
4. Elected Officials’ Report(s)
City Clerk Steve Kirkpatrick recalled that there will be a public hearing before Judge
Basso at noon on Thursday, October 20, focused on the protests filed against the
certificate of insufficiency issued to the petition circulators. The hearing is open to the
public. Ballots for the General Election have dropped into the US Mail from Jeffco
Elections beginning yesterday.
Clerk Kirkpatrick also announced that minutes for all meetings from August 22 through
tonight’s Study Session will go out to Councilmember for their review later this week.
Once CM have reviewed the minutes and submitted their requests for corrections or
changes, we will mail all those minutes in .pdf format to the list of persons who have
requested to see the minutes with the draft is released. These minutes will then appear
on the agenda for the next Regular Council Meeting, on November 14, 2022. Once this
plan is implemented and completed, we will have recovered the minutes from the
cybercrime incident August 29th.
CM Hoppe reminded us that Porchlight Family Justice Center will soon hold its
inaugural gala. Those interested can find more details at the organization’s website:
https://www.porchlightfjc.org/
CM Ohm reported a large turnout of enthusiastic residents as he attended two City
Parks grand re-openings/ribbon cuttings.
CM Ohm also commented on what he believes is a noticeable increase in graffiti, not
only in his D II but also in other parts of WR. Staff responded with plans for a detailed
follow-up.
CM Stites echoed CM Ohm’s sentiments and gratitude as he attended the park events
as well. He also enjoyed the ribbon cuttings at two new businesses that have opened in
Gold’s Marketplace: PDRunco and Queen City Coffee.
Then CM Stites and Weaver reported that they have revised the letter to the Jeffco
Schools from the members of the City Council who would like to sign it. CM who wish
to sign the letter may now do so.
CM Nosler Beck recalled that Trunk or Treat is this Saturday, 11/22 from 4 to 6 p.m.
The organizers are still accepting volunteer help, donations (cash or in-kind as trunks)
and questions about the event grand/parents might have.
CM Dozeman announced that the Jeffco School Board will hold its regular meeting
Thursday, October 20 in the evening. The Board will be obliged to listen to public
comments about the planned school closures and the process to address the problems
to date.
CM Dozeman attended an event at the Peak Expeditionary School that she thoroughly
enjoyed. She also had a tour of the new hospital at Clear Creek and came away
impressed, not only with the design and functionality she saw but also the smart project
management that has the effort ahead of schedule.
CM Hutchinson also lauded the park opening events. She specifically came away very
impressed with Prospect Park. She also noticed that the foliage in Discovery Park is
peaking and dazzling.
CM Hultin commented that for anyone who will vote in the November 8 General Election
there is an event they need to check out. On November 7, election eve, Local Works is
holding an event to educate voters about the many propositions and issues on the 2022
ballot. On November 8 there is a post-election pumpkin pie and social event for people
involved in elections, at New Belgium Brewery in WR.
The Mayor thanked everyone for a productive meeting, and encouraged us to drive,
cycle and walk carefully to protect one another.
ADJOURNMENT
The Study Session adjourned at 8:05 p.m.
APPROVED BY CITY COUNCIL ON November 14, 2022.
_______________________
Steve Kirkpatrick, City Clerk
_______________________
Rachel Hultin, Mayor Pro Tem
PROCLAMATION SMALL BUSINESS SATURDAY NOVEMBER 26, 2022
WHEREAS, the City of Wheat Ridge recognizes the importance of local small
businesses and the significant contributions they make to our local economy and community; and
WHEREAS, according to the United States Small Business Administration, there are 31.7 million small businesses in the United States that employ 47.1% of the employees in the private sector; and
WHEREAS, small businesses are critically important to the overall economic health of the United States, highlighting the impact of supporting local small businesses in communities like Wheat Ridge; and
WHEREAS, Wheat Ridge local businesses create jobs, boost our local economy, and contribute to the vibrancy of our neighborhoods, and the City of Wheat Ridge remains
committed to providing entrepreneurs and small business owners the support they need to thrive and grow; and
WHEREAS, advocacy groups, local governments and public and private organizations including the Wheat Ridge Chamber of Commerce and the Wheat Ridge Business Association support the Saturday after Thanksgiving as Small Business Saturday.
NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim November 26, 2022, as:
SMALL BUSINESS SATURDAY
___________________________
Bud Starker, Mayor
___________________________
Steve Kirkpatrick, City Clerk
__________________________
Bud Starker, Mayor
PROCLAMATION Designation of November as Native American Heritage Month
WHEREAS, during National Native American Heritage Month we celebrate the rich tapestry of indigenous peoples and honor their sacrifices, which we recognize as inextricably woven into the history of this country; and
WHEREAS, Native Americans have moving stories of tragedy, triumph, and perseverance that need to be shared with future generations; and
WHEREAS, Native Americans have enriched our heritage and continue to add to all aspects of our society through their generosity of culture and the continued
practice of teaching economic, environmental, and cultural sustainability; and
WHEREAS, our country is blessed by the character and strength exemplified by the Native Americans who have answered the call of service in our armed forces in greater numbers per capita than any other group in the United States. We honor our Native American veterans and those who are serving in active duty for their bravery and sacrifice; and
WHEREAS, the Land Acknowledgement Committee in the City of Wheat Ridge
is working to acknowledge and honor Indigenous people who lived and worked on the land we call home; and
WHEREAS, the City of Wheat Ridge is committed to developing and maintaining relationships with tribal communities; and
WHEREAS, during the month of November, we honor our native peoples in this, their ancestral homes, and recognize their continued contributions in strengthening the
diversity of our society.
NOW THEREFORE, I, Mayor Bud Starker, and the Wheat Ridge City Council do herby proclaim November 2022 as Native American Heritage Month in the City of Wheat Ridge and encourage all residents to join in this observance.
_______________________ Steve Kirkpatrick, City Clerk
PROCLAMATION VETERANS DAY NOVEMBER 11, 2022 AND NATIONAL VETERANS AND MILITARY FAMILIES MONTH NOVEMBER 2022
WHEREAS, America has the greatest armed forces in the history of the world; and
WHEREAS, we owe a dept we can never repay to those who serve and those who serve alongside them — their families and caregivers; and
WHEREAS, we recognize and thank our service personnel, their families and caregivers, for their indispensable contributions and immeasurable sacrifices in support of our national security; and
WHEREAS, as we approach this season of thanksgiving, we send our gratitude to millions of service
members, veterans, military families, caregivers, and survivors who have served and continue to serve our nation; and
WHEREAS, it is not only the person who wears the uniform serving our country but also their families
who make enormous sacrifices for our nation; and
WHEREAS, our veteran and military families are strong and adaptable, changing course to accommodate the needs of our country, often foregoing personal wishes, holding down the home front during their loved one’s deployments; and
WHEREAS, we honor them and their invaluable contributions; we share their pride in our armed forces; and we will never forget what they and their loved ones do for us.
NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim November 2022 as:
NATIONAL VETERANS AND MILITARY FAMILIES MONTH
and recognize and honor our veterans on this Veterans Day, Thursday, November 11, 2022.
___________________________
Bud Starker, Mayor
___________________________
Steve Kirkpatrick, City Clerk
PROCLAMATION LAW ENFORCEMENT RECORDS PERSONNEL APPRECIATION WEEK NOVEMBER 14-18, 2022
WHEREAS, dedicated Law Enforcement Records personnel serve the State of Colorado to
provide communities with vital services; and
WHEREAS, law enforcement records personnel are crucial to assisting law enforcement
agencies identify, pursue, capture, and process suspects; and
WHEREAS, these professionals continually use their expertise and experience in maintaining
criminal justice statistics and improving apprehension strategies; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff Law Enforcement
Records is influenced by their positive attitude and understanding of the importance of the work they
perform; and
WHEREAS, Law Enforcement Records personnel serving the State of Colorado exhibit
professionalism, efficiency, and compassion during the performance of their essential duties every
day; and
WHEREAS, the City of Wheat Ridge is proud of the dedicated Police Department Records
professionals who respond to the needs of officers and detectives while also serving our community
members with care and compassion, during what for them is often a very difficult time; and
WHEREAS, the State of Colorado has designated the second week in November to
recognize Law Enforcement Records Personnel;
NOW THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim
November 14, 2022, through November 18, 2022 as
LAW ENFORCEMENT RECORDS PERSONNEL APPRECIATION WEEK
___________________________
Bud Starker, Mayor
___________________________
Steve Kirkpatrick, City Clerk
ITEM NO: 1
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 18-2022 – AN ORDINANCE
AMENDING SECTIONS 2-89 AND 11-565 OF THE WHEAT
RIDGE CODE OF LAWS TO PROVIDE AN ADMINISTRATIVE SUBPOENA PROCESS FOR HOTEL LICENSING
PUBLIC HEARING ORDINANCES FOR 1ST READING (10/10/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/14/2022) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager ISSUE: This Council Bill amends the Wheat Ridge Code of Laws to authorize the issuance of
administrative subpoenas for records related to hotel licensing requirements.
PRIOR ACTION: Ordinance No. 1723, effective on November 12, 2021, adopted new hotel licensing requirements.
FINANCIAL IMPACT:
None.
BACKGROUND: The new City hotel license requirements, codified as Article XVI of Chapter 11 of the Wheat Ridge Code, require hotel establishments to obtain a City license and to meet certain structural and operational requirements. One of the operational requirements is to limit the duration of
CAF – Administrative Subpoena Process for Hotel Licensing November 14, 2022 Page 2
guest stays to match the type of hotel license held (regular or extended stay). Efficient and reliable access to hotel guest records will be a key element of monitoring compliance.
In general, City staff may file an affidavit with a Court to obtain a warrant authorizing the seizure of a business’ documents. Such an affidavit must articulate probable cause to believe that the documents will reveal evidence of legal violations. In the context of licensing, there is an alternative avenue available to require a business to
produce records. When authorized by the Code, staff may issue an administrative subpoena for records relevant to a business’ compliance with licensing requirements. Because an administrative subpoena may be issued by Staff without Court involvement, the City must provide an avenue to appeal the subpoena and to obtain judicial review. This Council Bill authorizes an administrative subpoena process in the context of hotel licensing that meets these
legal standards. RECOMMENDATION: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 18-2022, an ordinance amending Sections 2-89 and 11-565 of the Wheat Ridge Code of Laws to provide an administrative subpoena process for hotel licensing and that it take 15 days after final publication.”
Or, “I move to postpone indefinitely Council Bill No. 18-2022, an ordinance amending Sections 2-89 and 11-565 of the Wheat Ridge Code of Laws to provide an administrative subpoena process
for hotel licensing for the following reason(s) _______________________________________.” REPORT PREPARED/REVIEWED BY: Carmen Beery, City Attorney’s Office Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 18-2022
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER NOSLER BECK COUNCIL BILL NO. 18
ORDINANCE NO. __ Series 2022 TITLE: AN ORDINANCE AMENDING SECTIONS 2-89 AND 11-565 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE AN ADMINISTRATIVE
SUBPOENA PROCESS FOR HOTEL LICENSING
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances
for the protection of the public health, safety or welfare; and
WHEREAS, the Council has previously adopted hotel licensing regulations, codified as Wheat Ridge Municipal Code (“Code”) Article XVI of Chapter 11, to regulate hotel businesses in order to reduce illegal and criminal activity in the establishments and ensure they are operated in a manner compatible and consistent with other City
licensed businesses; and
WHEREAS, the current hotel licensing system does not currently provide clear authority for authorized City Staff to issue subpoenas to inspect records and documents necessary to determine compliance with the Code, nor is there a process to appeal such a subpoena; and
WHEREAS, the Council finds and determines that amendments of the Code to
include procedures for the issuance and appeal of administrative subpoenas is necessary to protect the rights of hotel licensees and to effectively administer the City’s hotel licensing system.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-89 of the Wheat Ridge Code of Laws, concerning failure to obey an administrative subpoena, is hereby amended as follows: Sec. 2-89. - Failure to obey subpoena. It is unlawful for any person to refuse to obey a subpoena issued by an AHO, UNLESS SUCH PERSON IS A PARTY TO A PENDING ADMINISTRATIVE APPEAL CONCERNING THE SUBPOENA. Failure to
obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed in the same manner as violation of a Municipal Court subpoena.
ATTACHMENT 1
Section 2. Section 11-565 of the Wheat Ridge Code of Laws concerning the process to approve or deny a Hotel License application, is hereby amended by the
addition of new subsections (d) and (e), to read in their respective entireties as follows: Sec. 11-565. Approval or denial of application; SUBPOENA POWERS. (D) THE TREASURER OR THE TREASURER’S DESIGNEE IS
AUTHORIZED TO ISSUE ADMINISTRATIVE SUBPOENAS REQUIRING THE PRODUCTION OF DOCUMENTS, RECORDS AND OTHER EVIDENCE RELEVANT TO A DETERMINATION OF A LICENSEE’S OR APPLICANT’S COMPLIANCE WITH THIS ARTICLE. ADMINISTRATIVE SUBPOENAS MAY BE APPEALED TO AN
ADMINISTRATIVE HEARING OFFICER UNDER THE APPEALS PROCESS SET FORTH IN ARTICLE V OF CHAPTER 2 OF THIS CODE. THE SOLE ISSUE ON AN APPEAL OF AN ADMINISTRATIVE SUBPOENA IS WHETHER THE ISSUING OFFICER EXCEEDED HIS/HER AUTHORITY IN ISSUING THE SUBPOENA. THE
STANDARD OF PROOF IS A PREPONDERANCE OF THE EVIDENCE, AND THE BURDEN OF PROOF SHALL REST WITH THE CITY TO ESTABLISH THAT THE SUBPOENA AT ISSUE LIES WITHIN THE ISSUING OFFICER’S AUTHORITY.
(1) THE PARTY ISSUING A SUBPOENA MAY MAINTAIN POSSESSION OF SUBPOENAED DOCUMENTS IF THERE IS REASONABLE SUSPICION THAT TAMPERING OF SUCH RECORDS MAY OCCUR WHILE AN APPEAL HEARING REQUESTED UNDER SUBSECTION (D) ABOVE IS PENDING.
DURING THE PENDENCY OF ANY SUCH HEARING, THE SAFEGUARDED RECORDS SHALL NOT BE INSPECTED OR OTHERWISE USED BY THE CITY. Section 3. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of October 2022, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for November 14, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2022.
SIGNED by the Mayor on this _____ day of ____________, 2022. _________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: October 13, 2022
Second Publication: November 17, 2022 Effective Date: December 2, 2022 Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 2
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 39-2022 – A RESOLUTION DECLINING
FULL PARTICIPATION IN THE COLORADO PAID FAMILY
AND MEDICAL LEAVE INSURANCE PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: The Colorado Paid Family and Medical Leave Insurance Act was passed by voters at the
November 2020 election. The new law requires all employers to provide paid family and medical
leave to its employees through a state managed program which is funded by employer and employee paycheck withholdings. Local governments have the option to decline participation in the program.
PRIOR ACTION: Council reviewed this matter in a study session on June 27, 2022. At that meeting, Council provided consensus to opt out of the state’s paid family leave program and bring back an internal program draft for consideration.
FINANCIAL IMPACT: If the City were to participate in the state’s program, it would cost approximately $90,000 per year to cover the 50% mandatory employer premium based on 2021 audited payroll. Additionally, staff estimates another 0.25-0.50 FTE would be required to administer the program.
BACKGROUND:
The Colorado Paid Family and Medical Leave Insurance Act (“FAMLI”) provides Colorado
employees with twelve weeks of paid leave for limited circumstances: 1) to care for a new child;
CAF - Paid Family and Medical Leave November 14, 2022 Page 2
2) to care for a family member with a serious health condition; 3) for the employee’s own serious health condition; 4) for an emergency military deployment; and 5) for a need for safe haven leave. The program is funded through premiums assessed against employee wages that are paid equally
by employee and employer. Employees taking leave will receive a wage replacement benefit between 37-90% of their wage, with a maximum weekly benefit of $1,100. Premium deductions begin in January of 2023, and leave benefits begin January of 2024.
Most Colorado employers are required to participate in this program with some limited exceptions. Local government employers can opt out of participating in FAMLI upon a vote of its governing
body. Opt out votes must be registered with the FAMLI Division no later than January 1, 2023. Despite a local government employer not participating in FAMLI, its own employees can join the program at any time.
Due to increased administrative costs, potential for liability, unequal benefit amounts and mandatory participation of all employees in the program, City staff recommends opting out of
participating in FAMLI. In lieu of participating in FAMLI, the City has proposed its own paid family and medical leave program for its employees.
City of Wheat Ridge Paid Family and Medical Leave Program: The City is proposing a paid family and medical leave program that would provide up to twelve (12) weeks of leave for all employees. Employees would become eligible for leave after working
for the City for six months, and leave would be for the same reasons as outlined in FAMLI. Employees would use accrued personal time off (PTO) for the first and last week of leave, and then be eligible for 100% wage replacement for the other ten (10) weeks of leave. Please see attachment 2 for more details on the program.
Summary of Employee Outreach:
In October, City staff provided a detailed notice to all employees about the upcoming vote by City Council on this issue and prepared a summary of the FAMLI program. Notices were placed in all city buildings. Staff held two city-wide open houses to present the FAMLI program and answer questions of employees. Employees were also presented with preliminary information on the
proposed city paid leave program. Employees who attended the open houses asked many questions
about the FAMLI program and seemed positive about the idea of a city-provided paid leave program. Employees asked if the city program would cover all employees, including those that work part-time. Employees also asked if the City was required by law to provide an alternate plan if it opted out of the state plan, and seemed pleased when told the City was under no such
obligation. Overall, employees appeared to agree with the direction the City is proposing in opting
out of FAMLI and providing its own paid leave program. City staff will remain available for questions with regards to both the FAMLI program and the City program. RECOMMENDATIONS:
Staff recommends declining full participation in the Colorado FAMLI program.
CAF - Paid Family and Medical Leave November 14, 2022 Page 3
RECOMMENDED MOTION: “I move to approve Resolution No. 39-2022, a resolution declining full participation in the Colorado Paid Family and Medical Leave Insurance program.”
Or, “I move to postpone indefinitely Resolution No. 39-2022, a resolution declining full participation in the Colorado Paid Family and Medical Leave Insurance program for the following reason(s) __________________________________________”
REPORT PREPARED BY; Patrick Goff, City Manager Allison Scheck, Administrative Services Director Melissa Long, Human Resources Business Partner
ATTACHMENTS: 1. Resolution No. 39-2022 2. Proposed City of Wheat Ridge Paid Family and Medical Leave Program
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 39
Series of 2022
TITLE: A RESOLUTION DECLINING FULL PARTICIPATION IN THE
COLORADO PAID FAMILY AND MEDICAL LEAVE INSURANCE
PROGRAM
WHEREAS, in November of 2020, Colorado voters approved Proposition 118,
establishing a paid family and medical leave insurance program (“FAMLI”) and which is
found at Colorado Revised Statutes 8-13.3-501 et seq.; and
WHEREAS, the FAMLI program requires employees and employers to fund the
program through the use of premiums assessed against an employee’s wages; and
WHEREAS, the majority of employers in Colorado are required to participate in
FAMLI with one exception being local government employers, who can opt out of
participating in the program; and
WHEREAS, the City of Wheat Ridge already provides a competitive and
comprehensive program of leave benefits to its employees and is in the process of
developing its own paid leave program for its employees; and
WHEREAS, as a local government, the City of Wheat Ridge can decline
participation in FAMLI following a public hearing and vote of its governing body; and
WHEREAS, should the City of Wheat Ridge decline to participate in FAMLI, its
employees can still participate in FAMLI individually and remit their premiums directly to
the State of Colorado; and
WHEREAS, at the City Council meeting on November 14, 2022, a public hearing
was held to discuss the City’s participation in FAMLI; and
WHEREAS, the City of Wheat Ridge staff recommends that the City fully
declines participation in the FAMLI program, which includes declining to withhold,
collect and remit the employee share of premiums for any employee who individually
elects FAMLI coverage.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. Public Hearing. City Council finds and determines that, regarding the
decision of declining participation in FAMLI, proper notice was given, and the hearing
ATTACHMENT 1
conducted in accordance with the regulations adopted by the Colorado Department of
Labor & Employment, codified at 7 CCR 1107-2.
Section 2. Participation in FAMLI. The City Council, acting by and on behalf of the
City of Wheat Ridge, hereby declines full participation in FAMLI, to include declining to
withhold, collect and remit employee premiums to the State of Colorado for those
employees who elect coverage under FAMLI.
Section 3. City Council further directs City staff to bring the matter of revisiting the
decision to decline participation in FAMLI before a future City Council meeting by no
later than eight years from the effective date of this Resolution.
DONE AND RESOLVED this 14th day of November 2022.
__________________________
Bud Starker, Mayor
ATTEST:
_________________________
Steve Kirkpatrick, City Clerk
ATTACHMENT 2
City of Wheat Ridge Paid Family and Medical Leave Program (“PFML”)
(To be incorporated into the City’s Leaves Policy)
The City recognizes the importance of employees’ ability to take paid time off during certain life
and health events and that this benefit contributes to a healthier workforce. It is the intent that
any leave taken pursuant to this program will run concurrently with FMLA leave and/or HFWA
leave as applicable.
A. Eligible employees can take up to twelve (12) weeks of leave during a 12 month period
for any of the following reasons: 1) to care for a new child as a result of birth, adoption, foster
placement; 2) for the employee’s serious health condition; 3) for the employee’s family
member’s serious health condition; 4) for any qualifying exigency leave; 5) for a need for safe
haven.
B. Eligibility. Employees are eligible to take PFML after six (6) months of employment with
the City.
C. Utilization
1. Any employee needing PFML must notify their supervisor no less than 30 days
before the leave is to begin if the leave is foreseeable. If the leave is unforeseeable and/or notice
within 30 days is not possible, the employee is required to provide notice to their supervisor as
soon as possible. This notification must include the anticipated starting date of leave, how long
the employee plans on being absent and the reason for the leave.
2. The first week of leave is to be used as personal time off (“PTO”) or leave
without pay (“LWOP”). The next 10 weeks of leave is paid leave. If an employee needs the final
12th week of leave, the employee must use PTO or LWOP.
3. PFML is not available to any employee who participates in the Colorado FAMLI
program.
4. Medical certification will be required
5. Any employee absent on PFML will be required to periodically check in with
their supervisor during the leave period.
6. A Return-to-Work certification from a medical provider may be required.
7. The City reserves the right to get second and/or third opinions on the necessity for
leave and recertification.
8. An employee on PFML cannot work a second job while on leave.
9. The City reserves the right to deny PFML at any time if the City suspects abuse or
fraud and will investigate any suspicion of abuse or fraud with the use of PFML.
D. There is no cash value to PFML; it is not an earned wage, is not payable upon termination
and cannot be used once an employee has submitted their resignation from City service.
ITEM NO: 3
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 20-2022 - AN ORDINANCE AMENDING
SECTIONS 22-58 AND 22-67 OF THE WHEAT RIDGE CODE OF LAWS TO ESTABLISH AN EXEMPTION FROM THE CITY’S SALES AND
USE TAX FOR CARRYOUT BAG FEES ENACTED BY THE STATE OF COLORADO PUBLIC HEARING ORDINANCES FOR 1ST READING (11/14/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/28/2022)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: The Colorado State Legislature adopted a carryout bag fee effective January 1, 2023 which by
January 1, 2024 prohibits all retailers, with a few specific exceptions, from providing single-use plastic bags. Carryout bag fees are currently subject to local sales tax. As a home-rule City, Wheat Ridge is able to establish its own laws including the ability to exempt from taxation certain goods and services. The attached ordinance enacts such an exemption for the City. PRIOR ACTION: None FINANCIAL IMPACT: HB21-1162 requires that stores remit 60% of the carryout bag fee to the local jurisdiction to offset
administrative and enforcement costs associated with implementing this program or other waste diversion programs or outreach. BACKGROUND: HB21-1162 establishes a carryout bag fee that beginning January 1, 2023, and with few exceptions,
prohibits stores and retail food establishments from providing single-use plastic carryout bags to
CAF - Carryout Bag Fee Tax Exemption November 14, 2022 Page 2
customers. Beginning January 1, 2023, stores may furnish a paper or plastic bag to customers for a fee of $0.10 minimum (or a higher fee if so prescribed by the local jurisdiction). Beginning January 1, 2024, stores may no longer provide single use plastic bags and may only provide
carryout bags made from recycled paper. Stores are required to remit 60% of the carryout bag fee to the local jurisdiction on a quarterly basis. Per City of Wheat Ridge Code Section 22-21, bag fees are taxable. However, members of the City Finance team serve on a Colorado Municipal League (CML) committee that discusses and
collaborates on issues pertaining to taxation and licensing. That CML sponsored group recommends exempting the carryout bag fee from taxation. The City Finance team also recommends exempting the carryout bag from taxation for the following reasons: 1) as provisions are in place for the City to receive 60% of the fee to cover costs, taxation is unnecessary; and 2) exempting the bag fee from taxation will assist local businesses in complying with this new law
as it reduces their administrative burden.
It is likely that the carryout bag fee will be exempted from taxation by several of the City’s neighboring municipalities. CML currently supports the decision by home-rule cities to exempt the carryout bag from taxation and has drafted model code language for use. The attached ordinance enacts such an exemption for the City.
RECOMMENDATIONS: Staff and the City Attorney recommend approval of the attached ordinance to enact an exemption from taxation of the carryout bag fee.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 20-2022, an ordinance amending sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s sales and use tax for bag fees enacted by the State of Colorado on first reading, order it published, public hearing set for Monday, November 28, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if
allowed to meet in person on that data per COVID-19 restrictions, and that it take effect 15 days
after final publication.”
Or, “I move to postpone indefinitely Council Bill No. 20-2022, an ordinance amending sections 22-
58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s sales
and use tax for carryout bag fees enacted by the State of Colorado for the following reason(s) __________________________________________________________________________.”
REPORT PREPARED BY;
Mark Colvin, City of Wheat Ridge Finance Manager
Allison Scheck, Administrative Services Director Patrick Goff, City Manager Gerald Dahl, City Attorney
CAF - Carryout Bag Fee Tax Exemption November 14, 2022 Page 3
ATTACHMENTS: 1. Council Bill No. 20-2022
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___________
COUNCIL BILL NO. 20
ORDINANCE NO. _________
Series 2022
TITLE: AN ORDINANCE AMENDING SECTIONS 22-58 AND 22-67 OF THE WHEAT RIDGE CODE OF LAWS TO ESTABLISH AN EXEMPTION FROM THE CITY’S SALES AND USE TAX FOR CARRYOUT BAG FEES ENACTED BY THE STATE OF COLORADO
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to
enact, administer and enforce sales and use taxes is clearly within the constitutional grant of power to the City and is necessary to raise revenue with which to conduct the affairs and render the services performed by the City; and
WHEREAS, pursuant to such authority, the Council has adopted and enacted a Sales and
Use Tax Code (the “Code”), under which City sales and use tax is levied; and
WHEREAS, the Council does not wish to impose local sales tax on carryout bag fees enacted by the State of Colorado that would otherwise be taxable under the Code; and
WHEREAS, the Council adopts this ordinance with the intent to exempt such fees from local sales and use tax.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 22-58(a) of the Code is amended by the addition of new subsection (29) to read:
(29) The carryout bag fee imposed in CRS 25-17-505, as such section existed on July
6, 2021.
Section 2. Section 22-67 of the Code is amended by the addition of new subsection (8) to read:
(8) The carryout bag fee imposed in CRS 25-17-505, as such section existed on July 6, 2021.
Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity
ATTACHMENT 1
of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____________, 2022, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set
for November 28, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2022.
SIGNED by the Mayor on this _____ day of ____________, 2022.
______________________________
Bud Starker, Mayor
ATTEST:
____________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: November 17, 2022 Second Publication:
Effective Date: _______________________
Published:
Jeffco Transcript
ITEM NO: 4
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 21-2022 – AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED AT 7525 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-22-08)
PUBLIC HEARING ORDINANCES FOR 1ST READING (11/14/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/12/2022) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____ _____________________________
Interim Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 7525 W. 44th Avenue. The zone change will
result in a zoning that matches surrounding zoning and enables redevelopment of the site by
expanding permitted uses.
PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on November 3, 2022 and recommended approval. The staff report and a copy of the draft Planning Commission minutes
will be provided with the second reading materials.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-22-08. If the rezoning is approved, the City may benefit from various fees collected depending on how the
property is repurposed in the future, such as building permit fees or sales tax.
Council Action Form – Proposed Rezoning at 7525 W. 44th Avenue November 14, 2022 Page 2
BACKGROUND: The subject property is located on the east side of Wadsworth Boulevard between W. 44th Avenue and W. 45th Avenue. The site is zoned Commercial-One (C-1) and is largely surrounded
by C-1 and Mixed Use-Commercial (MU-C) zoning. To the northeast, the site is adjacent to Residential-Two (R-2) zoning which is a City-owned parcel containing Apel-Bacher Park. Other surrounding land uses are non-residential in nature, including a propane business, the former Bank of the West (now owned by the City and functioning as a construction office for the Improve Wadsworth project) and the office building owned by the applicant, Foothills Regional
Housing. Recent development projects in the area include Town Center and Town Center North Apartments to the southeast at 44th and Vance. According to the ALTA survey submitted by the applicant, the property is 108,429 square feet (2.489 acres) in size. The property contains a single-story commercial structure which dates to
1972, is approximately 26,600 square feet in size, and was most recently a Pep Boys business. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Improve Wadsworth Project began construction in October 2021. It will expand roadway capacity, improve safety for all users, and provide continuous sidewalks. Land for right-of-way dedication
along the western property line was required for this property as part of the roadway project. This site is part of the Wadsworth Corridor Urban Renewal Plan Area and exempt from the City Charter height and density limitations, meaning it can exceed the Charter limits of 21 dwelling units per acre, 35 feet in height for residential uses, and 50 feet in height for nonresidential uses.
Current Zoning The current zone district, C-1, is a legacy zone district dating back to 1972 and was established to provide commercial land uses which include office, general business, and retail sales and service establishments. It was originally designed for and is more often seen on larger properties
with adjacency to lower density residential uses.
Proposed Zoning The applicant is requesting a zone change to MU-C. The MU-C zone district is generally located along major commercial corridors and at community and employment activity centers and was established to encourage medium to high-density mixed-use development. In addition to
residential and civic uses, it allows for a wide range of commercial and retail uses. The property
is currently zoned C-1 which is one of the City’s legacy commercial zone districts. This district is established to provide for a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The C-1 zone district does not allow residential development.
The MU-C zone district is more appropriate than C-1 in terms of allowed land uses and will
expand the permitted uses on the subject property. In addition, the MU-C zoning will provide more uniform zoning in this area and on the block. The City legislatively rezoned a portion of the Wadsworth Corridor to MU-C in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the commercial core. The boundary for the rezoning was coterminous with the
boundaries of the urban renewal areas at the time. Property owners were allowed to “opt out” of
Council Action Form – Proposed Rezoning at 7525 W. 44th Avenue November 14, 2022 Page 3
the rezoning, and the only two parcels that opted out were the subject property and the adjacent property (the Pep Boys and Bank of the West parcels). A rezoning of the subject property to MU-C would be appropriate based on the Comprehensive Plan, based on the original intent of
the legislative zone change, and to achieve more uniform zoning on the block.
A full analysis of the zone change criteria will be provided in the Planning Division staff report at second reading.
RECOMMENDATIONS:
The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10;
Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant
and all interested parties have their due process rights to a hearing, the City Attorney advises
Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division staff report and Planning Commission minutes will be included in the City Council packet for the public hearing.
RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2022, an ordinance approving the rezoning of property located at 7525 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) on first reading, order it published, public hearing set for Monday, December 12, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per
COVID-19 restrictions, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner I
Lauren Mikulak, Planning Manager, Interim Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 21-2022
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 21
ORDINANCE NO. _________ Series of 2022 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7525 W. 44TH AVENUE FROM COMMERCIAL-ONE
(C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-22-08) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and
WHEREAS, Foothills Regional Housing has submitted a land use application for approval of a zone change to the Mixed Use-Commercial (MU-C) zone district for property located at 7525 W. 44th Avenue; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates the area along Wadsworth, including the subject site, as a priority for improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 3, 2022 and voted to recommend approval of rezoning the property to Mixed Use-Commercial (MU-C). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Foothills Regional Housing for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 7525 W. 44th Avenue, and pursuant to the findings
made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL ONE:
THE SOUTH 320 FEET OF BLOCKS 5 AND 6, COULEHAN GRANGE; EXCEPT THE EAST 148.4 FEET OF THE SOUTH 145 FEET OF SAID BLOCK 5; EXCEPT THE EAST 243 FEET OF THE NORTH 120 FEET OF THE SOUTH 320 FEET OF SAID BLOCK 5; EXCEPT THE EAST 35 FEET OF SAID BLOCK 5; EXCEPT THE WEST 10 FEET OF THE SOUTH 150 FEET OF SAID BLOCK
6; EXCEPT THE WEST 22 FEET OF THE NORTH 170 FEET OF THE SOUTH 320 FEET OF SAID BLOCK 6 EXCEPT THE SOUTH 10 FEET OF BLOCKS 5 AND 6; EXCEPT THE WEST 175 FEET OF THE SOUTH 150 FEET OF SAID BLOCK 6, EXCEPT THAT PORTION OF SUBJECT PROPERTY GIVEN TO
CITY OF WHEAT RIDGE IN FINAL RULE & ORDER RECORDED APRIL 12, 2022 AT RECEPTION NO. 2022034802, COUNTY OF JEFFERSON, STATE OF COLORADO.
PARCEL TWO: A NONEXCLUSIVE EASEMENT FOR ROADWAYS, WALKWAYS, INGRESS AND EGRESS, AS SET FORTH IN THE AGREEMENT RECORDED MARCH 30, 1972 IN BOOK 2358 AT PAGE 384 IN THE RECORDS OF JEFFERSON
COUNTY, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on
this 14th day of November, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, December 12, 2022 at 7:00 o’clock p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2022. SIGNED by the Mayor on this _______ day of _______________, 2022.
______________________________________ Bud Starker, Mayor
ATTEST:
_______________________________________ Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication: November 17, 2022 2nd publication:
Jeffco Transcript:
Effective Date:
ITEM NO: 5
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE SELECTION OF PUBLIC ART
FOR THE IMPROVE WADSWORTH PROJECT TO JCAS STUDIOS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
__________________________________ _____________________________ Director of Parks and Recreation City Manager ISSUE:
The Improve Wadsworth Project includes funding for public art. The process for selecting public
art is defined in the Public Art Management Plan. Per this process, a series of public art pieces proposed by the JCAS Studios team have been commissioned. JCAS Studios’ proposal was selected by an appointed committee for recommendation to the Cultural Commission. The Cultural Commission reviewed the proposal and per the defined process would like to make a
recommendation to City Council for acceptance and purchase. The purchase price of $475,000
includes design, construction, installation, and documentation. PRIOR ACTION: The Cultural Commission recommended purchase of the art pieces on November 9, 2022. City
Council adopted the Public Art Management Plan on July 22, 2002.
FINANCIAL IMPACT: The cost for this acquisition is $475,000. The funds for this purchase are appropriated in the 2023 Public Art Fund in the amount off $467,000. In early 2023, we will request contract
approval, including a budget supplemental in the amount of $8,000 in order to fund the entire art
selection.
Council Action Form – Award for Public Art – Improve Wadsworth Project November 14, 2022 Page 2
BACKGROUND: The policies and procedures for this selection are based on the Public Art Management Plan adopted by the Wheat Ridge City Council. The public art selection committee included a
Cultural Commission representative, one community representative, a visual artist, an elected representative, a City staff representative, and two site agency representatives from CDOT. RECOMMENDATIONS: The Cultural Commission recommends approval of the purchase of these art pieces for placement
throughout the Improve Wadsworth Project. RECOMMENDED MOTION: “I move to approve the selection of public art for the Improve Wadsworth Project to JCAS Studios.”
Or, “I move to deny the selection of public art for the Improve Wadsworth Project to JCAS Studios for the following reasons _________________________________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager
ATTACHMENTS: 1. Public Art Consultant’s Presentation
Wheat Ridge Public Art:
Wadsworth Public Art Project
Presentation to City Council: November 14, 2022
Kendall Peterson, ThereSquared LLC
Agenda
•Wadsworth Public Art Overview
•Selection Process Overview
•Artist Proposals and Finalist Selection
•Next Steps
•Questions
WADSWORTH PUBLIC ART OVERVIEW
Selection Panel
Cultural Commissioner Representative Maru Garcia
Community Representative Mark de la Torre
Visual Artist Sina March
Elected Representative Mayor Bud Starker
City Staff Member Stephanie Stevens, Planning
Site Agency Representative, Resident Pamela Cornelisse, CDOT
Site Agency Representative Liia Koiv Haus CDOT
Request for Qualifications: Criteria
•Colorado Artists given preference
•One artist to provide a vision for the entire corridor, or it could be split into discrete commissions with
multiple artists (or artist teams) depending on the locations.
•NORTH END/GATEWAY: the project area begins at the entrance of Wadsworth and Wheatridge from Interstate
70. To the north is the City of Arvada. There is a confluence of multimodal trails in this area as well. This area
could be a site for a “gateway” sculptural element or elements.
•MEDIANS & TREE LAWNS: expanded landscaped green areas (10’ wide) will align the length of the project area,
providing a buffer from the roadway for pedestrians and multimodal travelers. The median in this area will be
raised and widened (to 17’ wide) in areas. These spaces could locations for a sequence of artwork(s) to extend
the length of the project area. Electrical can be provided so that these sculptural elements provide nighttime
presence as well.
•SOUND WALL: a 405’ sound wall will be constructed to buffer noise for a retirement community along
Wadsworth at the southern end of the project. This wall could be a space for two-dimensional or relief artwork
(at specific sections) or perhaps artwork that extends the length of the wall.
SELECTION PROCESS OVERVIEW
Wadsworth Project Timeline and Public Art Budget
2022-2023
Phase 1: Remove and replace utilities, Construct east side of Wadsworth
2023-Spring 2024
Phase 2: Future phases shift traffic to the east for southbound Wadsworth construction
Budget for Public Art: $475,000
$485,000 total budget
Artist stipends +/-$5000
Expenses/Callforentry.org +/-5000
$475,000 approximate total budget for artist(s)
Art Selection Process: Timeline
Overview of Art Selection Process:
•Decision on criteria and project guidelines (Meeting 2/18/22)
•Request for Qualifications (RFQ) sent via CAFÉ
•Artists submit qualifications (artist statement, slides of past work, resume, etc.) Deadline 4/1/22
•Selection Committee selects seven Semi-Finalists (Meeting 5/16/22)
•Virtual site visit (6/22/22)
•Artists create proposals for the site.
•Artists present proposals (Meeting 9/22/22); Selection Committee recommended Finalist for approval.
•Finalist approval by the Cultural Council, 11/9/22
•Seeking City Council approval, 11/14/21
Short-Listed
Artists:
Alexandrea
Pangburn,
Muralist
Short-Listed
Artists:
Jhonathan
Arango,
Muralist
Short-Listed Artists: P2 Studio,
Sculpture and Mural
Short-Listed Artists:
Gordon Huether,
Sculpture Only
Short-Listed Artists:
Patrick Marold,
Sculpture Only
Short-Listed Artists: Dewitt
Godfrey, Sculpture Only
Winning Proposal: JCAS Studios, Sculpture and Mural
Cosecha
“Wheat Ridge is a community that is rooted in agriculture. There is a parallel within this narrative of farming and
community that inspired our project. Wheat can not grow successfully as a single plant, the crop requires the support of
the surrounding leaves and wheat stocks, the community of wheat. This reminds us of this community that has grown
and supported each other from once the bread-basket for the front range, to a city that continues to support
development and growth. This growth did not happen overnight but was cultivated through hard work and planning.
We found our inspiration for this project on the micro level of agriculture and the structures of plants. This is where we find
our story, from sowing the seeds that sprouted in the soil, to the roots the community fed to grow, and the blooming of
the flowers of what is now modern-day Wheat Ridge”
Winning Proposal: JCAS Studios, Sculpture and Mural
Mural
Winning Proposal: JCAS Studios, Sculpture and Mural
Celery Seed
Winning Proposal: JCAS Studios, Sculpture and Mural
Wheat Berries
Winning
Proposal: JCAS
Studios,
Sculpture and
Mural
Carnations
JCAS Studio: Discussion and Results
•Group appreciated the “Zero Waste” concept
•Local artists! Emerging artists!
•Deep connections to Wheat Ridge
•Issues with scale on the mural and how pedestrians will perceive it.
•Lighting is key
•Wheat Berry sculpture is not favorite of a couple jurors. (Delete
sculpture, add to mural?)
•Opportunities for bus stops?
RESULTS: Six votes for JCAS, One vote for Dewitt Godfrey.
JCAS Studio: Next Steps
•City Council review and approval
•Contract
•Design Phase: make revisions to proposed elements
•Re-review and approval needed if designs are significantly different
•Engineering
•Fabrication
•Installation 2024?
Questions or Comments?
Kendall Peterson
ThereSquared LLC
303-902-1600
Kendall@theresquareddenver.com
ITEM NO: 6
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 40-2022 - A RESOLUTION AMENDING
THE FISCAL YEAR 2022 RENEWAL WHEAT RIDGE BOND PROJECTS FUND TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $4,251,442 AND TO AWARD A CONTRACT AND SUBSEQUENT PAYMENTS TO GOODLAND CONSTRUCTION, INC, IN THE NOT TO EXCEED AMOUNT OF $7,313,186.74, FOR STREET IMPROVEMENTS AT THE WHEAT RIDGE WARD COMMUTER RAIL STATION AREA
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________________ ______________________________ Interim Community Development Director City Manager ISSUE: Public infrastructure improvements at the Wheat Ridge Ward Commuter Rail Station area
include reconstruction of 52nd Avenue, Tabor Street, Ridge Road, adjacent intersections and
improvements to Valley Water District utilities in 52nd Avenue. Staff is recommending that the lowest responsive bidder, Goodland Construction, Inc., be awarded a contract in the amount of $7,313,186.74.
PRIOR ACTION:
For several years, the City has led extensive visioning and planning efforts focused on the Wheat
Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at
CAF – Wheat Ridge Ward Station Street Improvements November 14, 2022 Page 2
various stages in these processes. Council has taken the following actions related to these street improvements:
• On August 27, 2018, Council authorized award of a contract to SEH to complete three task orders to prepare construction plans for 52nd Avenue, Tabor Street, and Ridge Road.
• On January 28, 2019, Council approved an Intergovernmental Agreement (IGA) with the City of Arvada to share in funding the improvements to 52nd Avenue and Ridge Road,
including the intersection with 52nd Avenue and Ward Road Intersection.
• On February 25, 2019, Council designated the street widths for 52nd Avenue, Tabor Street, and Ridge Road within the limits of the projects.
• On June 24, 2019, Council authorized award of a contract to SEH to complete a fourth task
order to prepare construction plans for the 52nd Avenue and Ward Road intersection.
• On December 12, 2019, Council approved an IGA with the Colorado Department of Transportation (CDOT) for the reconstruction of the 52nd Avenue and Ward Road intersection.
• On January 13, 2020, Council approved an IGA with Jefferson County to annex those portions of the 52nd Avenue right-of-way that were included in the project.
• On May 10, 2021, Council authorized amending the contract with SEH to proceed with the preparation of construction plans after their contract was suspended due to COVID-19.
• On January 10, 2022, Council redesignated the street widths for 52nd Avenue, Tabor Street, and Ridge Road within the limits of the projects due to the previous designation lapsing while the projects were paused for COVID-19.
FINANCIAL IMPACT:
A supplemental budget appropriation from the Renewal Wheat Ridge Bond Projects Fund reserves is required to supplement what was budgeted for 2022. The 2022 budget only included the City’s estimated share of the construction costs and not the full estimated construction costs with portions that will be reimbursed by the City of Arvada, CDOT and Valley Water District.
The City of Arvada is responsible for 50% of the costs for 52nd Avenue, including the
intersection with Ward Road and 36% of the costs for Ridge Road. CDOT is contributing $300,000 towards the costs of the 52nd Avenue and Ward Road intersection. Valley Water is responsible for all the costs associated with the reconstruction of their water main in 52nd Avenue.
With the above reimbursement from the City of Arvada, CDOT and Valley Water District, the
City’s net contribution towards this contract is $3,318,925.40. All of the City’s contribution is being funded by the Renewal Wheat Ridge bond funds.
BACKGROUND: Due to the number of funding partners and the variety of cost sharing involved, the bid package was prepared as follows:
Bid Schedule #1 - 52nd Avenue between Ward Road and Tabor Street Bid Schedule #2 - Tabor Street between 52nd Avenue and Ridge Road
CAF – Wheat Ridge Ward Station Street Improvements November 14, 2022 Page 3
Bid Schedule #3 - Ridge Road east of Tabor Street Bid Schedule #4 - 52nd Avenue and Ward Road Intersection Bid Schedule #5 - Ridge Road and Ward Road Intersection
Bid Schedule #6 - Valley Water District’s work in 52nd Avenue
The bid documents were advertised on August 1, 2022 and after delays to address questions from bidders and dealing with the cyber security incident in late August 2022, the bids were opened on October 4, 2022. Two proposals were received, and both proposals were accepted as complete. City staff has evaluated the bids and found that the lowest bidder, Goodland
Construction, has met the bid and qualification requirements.
In general, the unit prices included in Goodland’s bid were found to be reasonable. Excluding the Valley Water scope of work, the costs were approximately 17% over the engineer’s opinion of probable costs that was completed in the fall of 2021. Valley Water was consulted about the bid prices for their portion of the work and has agreed to move forward despite their costs being
around 40% higher than estimated. Several references were checked, and Goodland received positive comments. Goodland completed the 29th Avenue Project for Wheat Ridge in 2019 and provided the City with an excellent completed project. Staff recommends that the projects and the related water work be awarded.
The bid includes a contingency amount of approximately 9% for minor contract adjustments due
to potential unanticipated items related to the project that can sometimes occur after the commencement of construction. Staff is not recommending any additional contingency.
The concurrence request packet for the 52nd Avenue and Ward Road intersection has been submitted to CDOT, is under review, and is expected to be received soon. Work cannot begin on
that intersection until the CDOT concurrence is received. A pre-construction meeting can then be
held to officially start the construction of the improvements. Construction is expected to begin in December and is expected to last a year.
RECOMMENDATIONS: Based upon the contractor being the low bidder and demonstrated capabilities and performance
on previous projects, staff recommends that a contract be awarded to Goodland.
RECOMMENDED MOTION: “I move to approve Resolution No. 40-2022, a resolution amending the Fiscal Year 2022 Renewal Wheat Ridge Bond Projects Fund to reflect the approval of a supplemental budget appropriation in the amount of $4,251,442 and to award a contract and approve subsequent
payments to Goodland Construction, in an amount not to exceed $7,313,186.74, for street
improvements at the Wheat Ridge Ward Commuter Rail Station area.”
Or,
“I move to table indefinitely Resolution No. 40-2022, a resolution amending the Fiscal Year 2022 Renewal Wheat Ridge Bond Projects Fund to reflect the approval of a supplemental budget
appropriation in the amount of $4,251,442 and to award a contract and approve subsequent
CAF – Wheat Ridge Ward Station Street Improvements November 14, 2022 Page 4
payments to Goodland Construction, in an amount not to exceed $7,313,186.74, for street improvements at the Wheat Ridge Ward Commuter Rail Station area for the following reason(s) _________________________________.”
REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Russ Higgins, Field Supervisor Steve Nguyen, Engineering Division Manager
Lauren Mikulak, Interim Director of Community Development Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 40-2022 2. Bid Tab Sheet
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 40 Series of 2022
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 RENEWAL WHEAT RIDGE BOND PROJECTS FUND TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $4,251,442 AND TO
AWARD A CONTRACT AND SUBSEQUENT PAYMENTS TO GOODLAND CONSTRUCTION, INC, IN THE NOT TO EXCEED AMOUNT OF $7,313,186.74, FOR STREET IMPROVEMENTS AT THE WHEAT RIDGE WARD COMMUTER RAIL STATION AREA
WHEREAS, the council recognizes the importance and significance of improving the streets and intersections in the Wheat Ridge · Ward Station area; and WHEREAS, insufficient appropriations in the 2022 Renewal Wheat Ridge Bond
Projects Fund exist to cover these expenditures; and
WHEREAS, the City will receive funds from the City of Arvada, the Colorado Department of Transportation, and the Valley Water District as reimbursement for some of the work included in the projects in the Wheat Ridge · Ward Station area; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $4,251,442 is hereby approved from the Renewal Wheat Ridge Bond Project Fund undesignated reserves to account
40-103-800-805 and the 2022 revenues are amended accordingly. Section 2. A contract of $7,313,186.74 is hereby approved to reconstruct 52nd Avenue, Tabor Street, Ridge Road, the 52nd Avenue and Ward Road intersection, and the 52nd Avenue and Ridge Road
intersection.
DONE AND RESOLVED this 14th day of November 2022. Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ATTACHMENT 2
ITEM NO: 7 DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 41-2022 – A RESOLUTION APPROVING AN AGREEMENT WITH THE VALLEY WATER DISTRICT
REGARDING WATERLINE IMPROVEMENTS IN 52ND
AVENUE
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________________ ______________________________ Interim Community Development Director City Manager
ISSUE:
Public infrastructure improvements at the Wheat Ridge Ward Commuter Rail Station area include reconstruction of 52nd Avenue, Tabor Street, Ridge Road, adjacent intersections and improvements to Valley Water District utilities in 52nd Avenue. As part of the reconstruction of 52nd Avenue, the Valley Water District needs to reconstruct a portion of their water main. The
water main is in conflict with the proposed storm sewer and needs to be relocated. An agreement
is needed between the City and Valley Water to outline each entity’s responsibilities and to detail a reimbursement obligation.
PRIOR ACTION: For several years, the City has led extensive visioning and planning efforts focused on the Wheat
Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at
various stages in these processes. No specific action has been taken related to an agreement with Valley Water.
FINANCIAL IMPACT: Staff has been working with Valley Water since 2019 on an agreement in order to establish an
arrangement for the relocation of the water main in 52nd Avenue. The District will be responsible
for the cost of designing and reconstructing their water main. The District will reimburse the City
Council Action Form – Valley Water Agreement November 14, 2022 Page 2
for their portion of the construction when the water main work is substantially complete as described in Section 4.0 of the Agreement.
BACKGROUND:
During the referral of the construction plans for 52nd Avenue, the District identified that the water main in 52nd Avenue was in conflict with the proposed storm sewer and would need to be relocated. The storm sewer could not be moved due to conflicts with other utilities.
As the City continued to work with the District on this project, it was determined to be in the best interest of both entities to include the water line construction in the City’s project. This simplifies
the design with the City’s utility sub-consultant preparing the construction plans. This arrangement also makes the construction coordination easier since all of the work would be done as one large project.
The District completed the design of their portion of the project and prepared the construction plans related to the water main. They have also obtained approval from Denver Water for their
design. The City will provide the construction oversight of the project.
RECOMMENDATIONS: Staff recommends approving the Agreement with the District. RECOMMENDED MOTION:
“I move to approve Resolution No. 41-2022, a resolution approving an agreement with the Valley Water District regarding waterline improvements in 52nd Avenue.” Or,
“I move to postpone indefinitely Resolution No. 41-2022, a resolution approving an agreement with the Valley Water District regarding waterline improvements in 52nd Avenue for the following reason(s) ________________________.”
REPORT PREPARED/REVIEWED BY:
Mark Westberg, Engineering Project Manager Steve Nguyen, Engineering Manager Lauren Mikulak, Interim Director of Community Development Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 41-2022 2. Agreement with the Valley Water District
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2022
TITLE: A RESOLUTION APPROVING AN AGREEMENT WITH THE VALLEY WATER DISTRICT REGARDING WATERLINE IMPROVEMENTS IN 52ND AVENUE
WHEREAS, the City of Wheat Ridge and the Valley Water District have facilities
in 52nd Avenue within the Wheat Ridge · Ward Station area; and
WHEREAS, the City of Wheat Ridge and the Valley Water District have
programmed various street and waterline improvements within the Wheat Ridge · Ward
Station area; and
WHEREAS, because the Wheat Ridge street improvements require the Valley
Water lines to be relocated, the City of Wheat Ridge requires reimbursement from the Valley Water District for the waterline relocation improvements; and
WHEREAS, the City and the District wish to set forth their agreement concerning the design, supervision of construction, and construction of the various improvements
and the responsibility for the costs thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. Agreement Approved.
The Agreement with the Valley Water District regarding waterline improvements
in 52nd Avenue at the Wheat Ridge · Ward Station area, attached hereto as Exhibit 1, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same.
Section 2. Effective Date.
This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 14th day of November 2022.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ATTACHMENT 2
AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________________,
2022 (“Effective Date”), by and between the VALLEY WATER DISTRICT, a Colorado quasi-municipal corporation, (hereinafter referenced as "the District"), and the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation (hereinafter referred to as "the City”).
RECITALS
WHEREAS, the City of Wheat Ridge is preparing plans and specifications providing for the reconstruction of 52nd Avenue between Ward Road and Tabor Street; and
WHEREAS, the Valley Water District owns and maintains water supply facilities underneath 52nd Avenue between Ward Road and Tabor Street; and
WHEREAS, said water supply facilities must be relocated to facilitate the reconstruction
of 52nd Avenue; and
WHEREAS, the parties agree that under the specific facts and circumstances of this particular project, it is in the best interest of both for the City to include said relocation work under its roadway reconstruction contract, and for the District to reimburse the City in accordance with the terms of this agreement.
AGREEMENT
NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuable consideration herein receipted for, the parties agree as follows:
1.0 Reconstruction. The City agrees to reconstruct the entirety of 52nd Avenue between Ward Road and Tabor Street. The reconstruction includes but is not limited to removal of the existing pavement, grading, base preparation, concrete
curb and gutter, asphalt surfacing, sidewalk, and amenity zones. The District consents to the City’s relocation of the District’s water supply facilities as needed to facilitate the roadway construction specified in Exhibit A.
2.0 Construction Operations. Street reconstruction and waterline work shall be performed by a qualified contractor (Contractor) retained by the City through a public bidding process under the requirements of the State of Colorado and the City of
Wheat Ridge.
3.0 Scope of Work. Pursuant to this Agreement, the Contractor shall perform said waterline and street reconstruction work specified in Exhibit A, and as set forth in
the quantities provided in Exhibit B, and in accordance with the standards set forth in the contract between the Contractor and the City of Wheat Ridge.
4.0 Consideration. In exchange for the Contractor’s services, The District shall pay the City in accordance with the unit prices shown in Exhibit B. The unit prices are actual unit bid prices. Payment shall be made in a lump sum within thirty (30) days following substantial completion and notice to the District of acceptance of the work by the City.
EXHIBIT 1
-2-
5.0 Term. Terms of this Agreement shall remain in effect from the Effective Date until each party accepts the work and has paid its required cost share as set forth herein.
6.0 Liability. Each party shall be responsible for its own negligent acts. To the extent permitted by law, each party shall reimburse the other party for any costs, expenses or legal fees that either party may incur for any liability resulting from the negligent
acts of the other party in its performance of its obligations under this Agreement.
7.0 Notices. Any notices required or permitted hereunder shall be sufficient if personally delivered or if sent by First Class U.S. mail, postage prepaid, addressed as follows:
Board of Directors Valley Water District 12101 W 52nd Avenue
Wheat Ridge, CO 80033 Public Works Director City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 8.0 No Waiver of Immunity. Each party, its officers and its employees are relying on,
and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to it, its officers and employees.
9.0 Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed
by both parties.
10.0 Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals,
representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement.
11.0 Situs, Venue and Severability. The laws of the State of Colorado shall govern the
interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Jefferson, State of Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.
12.0 Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement.
13.0 Binding Agreement. This Agreement shall be binding upon and for the benefit of
the parties hereto, their successors and assigns.
14.0 ARTICLE X, SECTION 20/TABOR The parties understand and acknowledge that each of them is subject to Article X, § 20 of the Colorado Constitution ("TABOR").
-3-
The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does
not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, the obligations of each party are expressly dependent and conditioned
upon the continuing availability of funds beyond the term of the current fiscal period ending upon the next succeeding December 31. Financial obligations of each party payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of such party and other applicable law. Notwithstanding any other provision of this Agreement concerning termination or
term, upon any party’s failure to appropriate such funds, this Agreement shall automatically terminate. Each party agrees to provide the others with thirty (30) days’ notice of its intent to fail to appropriate funds for purposes of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
CITY OF WHEAT RIDGE:
ATTEST:
By:
Steve Kirkpatrick, City Clerk
WHEAT RIDGE, COLORADO, a Colorado municipal corporation
By:
Bud Starker, Mayor
VALLEY WATER DISTRICT:
ATTEST: By:
Christopher L. Whiteman, Secretary
VALLEY WATER DISTRICT, a Colorado quasi-municipal corporation, By:
Randall I. Stone, President and Chairman
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EXHIBIT A
(Insert Map and Construction Plans)
-5-
EXHIBIT B
(Insert 2022 Bid Tab)
ITEM NO: 8
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE INSTALLATION OF A TRAFFIC
CALMING DEVICE ON 31ST PLACE BETWEEN UNION STREET AND VIVIAN STREET IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________________ ______________________________ Interim Community Development Director City Manager ISSUE:
Residents on 31st Place petitioned the City to address traffic concerns for the street segment from
Union Street to Vivian Street. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighborhood meeting and subsequently discussed and devised a plan to mitigate traffic issues. The residents then secured a petition with the necessary number of property owner signatures, supporting the installation of a speed hump
in accordance with the NTMP policy and are hereby seeking approval for implementation. PRIOR ACTION: None
FINANCIAL IMPACT:
Funding for this program has been approved in the 2022 Capital Improvement Program Budget.
The proposed street modifications can be installed at an estimated cost of $7,000.
Council Action Form – NTMP 31st Place November 14, 2022 Page 2
BACKGROUND: On April 28, 2014, City Council approved the NTMP to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by
reducing the negative impact of vehicular traffic and speeding on residential streets. The policy intent is to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP provides a means and process for residents to request consideration for the installation of traffic calming measures on local streets. Traffic calming measures may include speed humps, curb extensions, signs, speed
trailers and enforcement, and other traffic control measures as requested and as applicable. On June 24, 2021, 31st Place residents filed a request for NTMP consideration to discuss traffic issues on 31st Place from Union Street to Vivian Street. A meeting was conducted with the residents on April 5, 2022, to examine the extent of the problems and to explore available
solutions. A traffic study was conducted prior to the meeting to analyze traffic speed, volume and vehicle classification. In addition, the engineering evaluation also looked at sight distance, drainage and roadway geometry, and staff determined that the street segment is suitable for a traffic calming treatment.
Subsequent to the evaluation and findings, the residents elected to move forward with a permanent traffic calming solution, specifically speed hump installation. Staff identified one location for treatment for the requested segment between Union Street and Vivian Street with the intent to curb excessive speeding. This segment of 31st Place is not part of an emergency route
and is therefore eligible for traffic calming features in the roadway.
In accordance with the NTMP, speed humps can be ordered for installation by the City if at least 80% of residents in a designated street segment sign the petition, including the residents who reside immediately adjacent to the speed humps. Based on the results of the petition received by
the City, a sufficient number of signatures have been attained for the speed hump as referenced
above. The NTMP policy requires Council approval of a proposed project. If approved, the project will quickly go to bid with construction anticipated in late 2022 or early 2023, assuming there are no significant weather delays.
RECOMMENDATIONS:
Residents on 31st Place, in the petition segment between Union Street and Vivian Street, have satisfied the process outlined in the NTMP policy and through the staff evaluation process. As a result, staff recommends moving forward with installation of a speed hump on 31st Place as specifically requested by the residents.
RECOMMENDED MOTION: “I move to approve installation of a traffic calming device on 31st Place between Union Street and Vivian Street in accordance with the Neighborhood Traffic Management Program.”
Or,
Council Action Form – NTMP 31st Place November 14, 2022 Page 3
“I move to deny approval of an installation of a traffic calming device on 31st Place between Union Street and Vivian Street in accordance with the Neighborhood Traffic Management Program (NTMP) for the following reason(s) ________________________________” REPORT PREPARED/REVIEWED BY: Jordan Jefferies, Civil Engineer Steve Nguyen, Engineering Manager Lauren Mikulak, Interim Community Development Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Proposed Speed Hump Location Map
31ST PLACE - UNION TO VIVIAN
FINAL SPEED HUMP LAYOUT
MAY 13, 2022
SCALE: 1:20
SPEED HUMP
LOCATION
VI
V
I
A
N
S
T
R
E
E
T
UN
I
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31ST PLACE
SIGN #2 - TURN SIGN
(W1-1, RIGHT) W/
15MPH ADVISORY
SPEED SIGN
SIGN #1 - SPEED
HUMP SIGN W/
15MPH ADVISORY
SPEED SIGN
SIGN #1 - SPEED
HUMP SIGN W/
15MPH ADVISORY
SPEED SIGN
12273 12233
12173
12143 12103 12083
12063
3101
12290
12220
12130
12124
12064
12044
3071
SIGN #2 - TURN SIGN
(W1-1, LEFT) W/
15MPH ADVISORY
SPEED SIGN
NOTES:
1. DIMENSIONS FOR REFERENCE ONLY.
COORDINATES WILL BE PROVIDED FOR
CONSTRUCTION.
2. SIGN #2 IS DIMENSIONED FROM THE
POINT OF CURVATURE AT THE BACK OF
CURB.
ATTACHMENT 1
31ST PLACE - UNION TO VIVIAN FINAL SPEED HUMP LAYOUT
MAY 13, 2022
SIGN #1 DETAIL SIGN #2 DETAIL
ITEM NO: 9
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE INSTALLATION OF A TRAFFIC
CALMING DEVICE ON LAMAR STREET BETWEEN 39TH AVENUE AND 41ST AVENUE IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________________ ______________________________ Interim Community Development Director City Manager ISSUE:
Residents on Lamar Street petitioned the City to address traffic issues for the street segment from 39th Avenue to 41st Avenue. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighborhood meeting and subsequently discussed and devised a plan to mitigate traffic issues. The residents then secured a petition with the necessary number of property owner signatures, supporting the installation of a speed hump
in accordance with the NTMP policy and are hereby seeking approval for implementation. PRIOR ACTION: None
FINANCIAL IMPACT:
Funding for this program has been approved in the 2022 Capital Improvement Program Budget. The proposed street modifications can be installed at an estimated cost of $7,000.
BACKGROUND: On April 28, 2014, City Council approved the NTMP to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by
Council Action Form – NTMP Lamar Street November 14, 2022 Page 2
reducing the negative impact of vehicular traffic and speeding on residential streets. The policy intent is to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP provides a means and
process for residents to request consideration for the installation of traffic calming measures on local streets. Traffic calming measures may include speed humps, curb extensions, signs, speed trailers and enforcement, and other traffic control measures as requested and as applicable. On March 14, 2022, Lamar Street residents filed a request for NTMP consideration to discuss
traffic issues on Lamar Street along the aforementioned segment. A meeting was conducted with the residents on May 31, 2022, to examine the extent of the problems and to explore available solutions. A traffic study was conducted prior to the meeting to analyze traffic speed, volume and vehicle classification. In addition, the engineering evaluation also looked at sight distance, drainage and roadway geometry, and staff determined that the street segment is suitable for a
traffic calming treatment. Subsequent to the evaluation and findings, the residents elected to move forward with a permanent traffic calming solution, specifically speed hump installation. Staff identified one location for treatment for the requested segment between 39th Avenue and 41st Avenue with the
intent to curb excessive speeding. This segment of Lamar Street is not part of an emergency route and is therefore eligible for traffic calming features in the roadway. In accordance with the NTMP, speed humps can be ordered for installation by the City if at least
80% of residents in a designated street segment sign the petition, including the residents who
reside immediately adjacent to the speed humps. Based on the results of the petition received by the City, a sufficient number of signatures have been attained for the speed hump as referenced above. The NTMP policy requires Council approval of a proposed project. If approved, the project will quickly go to bid with construction anticipated in late 2022 or early 2023, assuming
there are no significant weather delays. RECOMMENDATIONS: Residents on Lamar Street, in the petition segment between 39th Avenue and 41st Avenue, have satisfied the process outlined in the NTMP policy and through the staff evaluation process. As a
result, staff recommends moving forward with installation of a speed hump on Lamar Street as
specifically requested by the residents. RECOMMENDED MOTION: “I move to approve installation of a traffic calming device on Lamar Street between 39th Avenue
and 41st Avenue in accordance with the Neighborhood Traffic Management Program.”
Or, “I move to deny approval of an installation of a traffic calming device on Lamar Street between
39th Avenue and 41st Avenue in accordance with the Neighborhood Traffic Management
Program (NTMP) for the following reason(s) ________________________________”
Council Action Form – NTMP Lamar Street November 14, 2022 Page 3
REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jordan Jefferies, Civil Engineer
Lauren Mikulak, Interim Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Proposed Speed Hump Location Map
LAMAR ST - 39TH TO 41ST AVE
FINAL SPEED HUMP LAYOUT
JULY 12, 2022
SCALE: 1:20
LAMAR ST
W
4
1
S
T
A
V
E
W
3
9
T
H
A
V
E
388538953915393539453955400540254035406540754095
6390 4080 4070 4040 4030 4020 3950 3940 3930 3920 3900
6390
6380
ATTACHMENT 1
LAMAR ST - 39TH TO 41ST AVE FINAL SPEED HUMP LAYOUT
JULY 12, 2022
SIGN #1 DETAIL
ITEM NO: 10
DATE: November 14, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: A MOTION TO APPROVE THE PURCHASE AND
INSTALLATION OF THE CITY’S CORE SWITCHES FOR A
TOTAL OF $165,047.25 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: The City’s core switches, which facilitate internet access to every City facility, are approaching
end of life. If a failure occurred, all City facilities would be affected, causing severe service
interruption. PRIOR ACTION: The current equipment is the 2010 model and was installed approximately ten years ago.
FINANCIAL IMPACT: The total contract price to replace the core switches is $165,047.25 including $155,925.25 for hardware and $14,122.00 for installation. No budget supplement is necessary as staff will use salary savings to cover the expenditure.
BACKGROUND: The City’s current core switches hardware is based on a 2010 model that is approaching end of life. If a catastrophic failure of the existing equipment were to occur, the City would be in a challenging position because some components of the current system reach end of life next year
and it is unlikely replacement parts are available. Staff recommends ordering the new equipment now because the hardware will likely take between nine months and a year to arrive due to supply chain issues.
CAF - Core Switch Replacement November 14, 2022 Page 2
In order to secure best pricing, this quote has been secured on a cooperative solicitation through the National Association of State Procurement Officers (NASPO). The City’s membership in NASPO enables us to benefit from volume pricing through this cooperative bid. In this particular
case, the State of Utah was the lead agency and the agreement between Utah and Cisco Systems is attached.
RECOMMENDATIONS: Staff recommends approving the purchase and installation of the core switches. RECOMMENDED MOTION: “I move to approve the purchase and installation of the City’s core switches for a total of $165,047.25.”
Or,
“I move to not approve the purchase and installation of the City’s core switches for a total of $165,047.25.”
REPORT PREPARED BY; Jesse Dubin, IT Manager Whitney Mugford-Smith, Procurement Manager
Patrick Goff, City Manager Allison Scheck, Administrative Services Director ATTACHMENTS:
1. 24/7 Networks Quote #008464NW
2. State of Utah Cooperative Agreement with Cisco Systems 3. Addendum between State of Colorado and Cisco Systems
We have prepared a quote for you
6228 - Catalyst Switches
Quote # 008464NW
Version 1
Prepared for:
City Of Wheat Ridge
Jesse Dubin
jdubin@ci.wheatridge.co.us
ATTACHMENT 1
116 Inverness Dr E.
Suite 200
Englewood, CO 80112
www.247networks.com
(303) 991-2224
Hardware
Description Price Qty Ext. Price
C9407R-96U-
BNDL-A
Catalyst 9400 Series 7 slot, Sup, 2xC9400-LC-48U, DNA-A LIC $11,089.97 1 $11,089.97
CON-SNTP-
C9407R9A
SNTC-24X7X4 Catalyst 9400 Series 7 slot, Sup, 2xC940 $6,255.76 1 $6,255.76
C9400-NW-A Cisco Catalyst 9400 Network Advantage License $0.00 2 $0.00
C9400-PWR-
BLANK
Cisco Catalyst 9400 Series Power Supply Blank Cover $0.00 4 $0.00
TE-C9K-SW TE agent for IOSXE on C9K $0.00 1 $0.00
S9400UK9-173 Cisco Catalyst 9400 XE 17.3 UNIVERSAL $0.00 1 $0.00
C9400-PWR-
2100AC
Cisco Catalyst 9400 Series 2100W AC Power Supply $1,399.59 4 $5,598.36
CAB-C19-CBN Cabinet Jumper Power Cord, 250 VAC 16A, C20-C19 Connectors $0.00 4 $0.00
C9400-DNA-A Cisco Catalyst 9400 DNA Advantage Term License $0.00 1 $0.00
C9400-DNA-A-3Y Cisco Catalyst 9400 DNA Advantage 3 Year License $7,296.03 1 $7,296.03
D-DNAS-EXT-S-T Cisco DNA Spaces Extend Term License for Catalyst Switches $0.00 1 $0.00
D-DNAS-EXT-S-3Y Cisco DNA Spaces Extend for Catalyst Switching - 3Year $0.00 1 $0.00
TE-EMBEDDED-T Cisco ThousandEyes Enterprise Agent IBN Embedded $0.00 1 $0.00
TE-EMBEDDED-T-
3Y
ThousandEyes - Enterprise Agents $0.00 1 $0.00
PI-LFAS-T Prime Infrastructure Lifecycle & Assurance Term - Smart Lic $0.00 2 $0.00
PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y $0.00 2 $0.00
C9400-SUP-1XL-B Cisco Catalyst 9400 Series Sup-1XL Bundle Select Option $2,895.70 1 $2,895.70
C9400-LC-48H-B Catalyst 9400 Series 2xC9400-LC-48H for Bundle Select $1,703.36 1 $1,703.36
C9400-SUP-1XL Cisco Catalyst 9400 Series Supervisor 1XL Module $0.00 1 $0.00
C9400-SSD-
240GB
Cisco Catalyst 9400 Series 240GB M2 SATA memory (Supervisor)$1,399.59 1 $1,399.59
C9400-LC-48H Cisco Catalyst 9400 Series 48-Port UPOE+ 10/100/1000 (RJ-45)$0.00 1 $0.00
Page: 2 of 6Quote #008464NW v1
116 Inverness Dr E.
Suite 200
Englewood, CO 80112
www.247networks.com
(303) 991-2224
Hardware
Description Price Qty Ext. Price
C9400-LC-48H Cisco Catalyst 9400 Series 48-Port UPOE+ 10/100/1000 (RJ-45)$0.00 1 $0.00
C9400-SUP-1XL/2 Cisco Catalyst 9400 Series Redundant Supervisor 1XL Module $11,003.67 1 $11,003.67
C9400-SSD-
240GB
Cisco Catalyst 9400 Series 240GB M2 SATA memory (Supervisor)$1,399.59 1 $1,399.59
C9400-LC-48H Cisco Catalyst 9400 Series 48-Port UPOE+ 10/100/1000 (RJ-45)$5,212.26 1 $5,212.26
C9400-LC-48H Cisco Catalyst 9400 Series 48-Port UPOE+ 10/100/1000 (RJ-45)$5,212.26 1 $5,212.26
NETWORK-PNP-
LIC
Network Plug-n-Play Connect for zero-touch device deployment $0.00 1 $0.00
C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)$13,899.37 1 $13,899.37
C9407R-96U-
BNDL-A
Catalyst 9400 Series 7 slot, Sup, 2xC9400-LC-48U, DNA-A LIC $11,089.97 1 $11,089.97
CON-SNTP-
C9407R9A
SNTC-24X7X4 Catalyst 9400 Series 7 slot, Sup, 2xC940 $6,255.76 1 $6,255.76
C9400-NW-A Cisco Catalyst 9400 Network Advantage License $0.00 2 $0.00
C9400-PWR-
BLANK
Cisco Catalyst 9400 Series Power Supply Blank Cover $0.00 4 $0.00
TE-C9K-SW TE agent for IOSXE on C9K $0.00 1 $0.00
S9400UK9-173 Cisco Catalyst 9400 XE 17.3 UNIVERSAL $0.00 1 $0.00
C9400-PWR-
2100AC
Cisco Catalyst 9400 Series 2100W AC Power Supply $1,399.59 4 $5,598.36
CAB-C19-CBN Cabinet Jumper Power Cord, 250 VAC 16A, C20-C19 Connectors $0.00 4 $0.00
C9400-DNA-A Cisco Catalyst 9400 DNA Advantage Term License $0.00 1 $0.00
C9400-DNA-A-3Y Cisco Catalyst 9400 DNA Advantage 3 Year License $7,296.03 1 $7,296.03
D-DNAS-EXT-S-T Cisco DNA Spaces Extend Term License for Catalyst Switches $0.00 1 $0.00
D-DNAS-EXT-S-3Y Cisco DNA Spaces Extend for Catalyst Switching - 3Year $0.00 1 $0.00
TE-EMBEDDED-T Cisco ThousandEyes Enterprise Agent IBN Embedded $0.00 1 $0.00
Page: 3 of 6Quote #008464NW v1
116 Inverness Dr E.
Suite 200
Englewood, CO 80112
www.247networks.com
(303) 991-2224
Hardware
Description Price Qty Ext. Price
TE-EMBEDDED-T-
3Y
ThousandEyes - Enterprise Agents $0.00 1 $0.00
PI-LFAS-T Prime Infrastructure Lifecycle & Assurance Term - Smart Lic $0.00 2 $0.00
PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y $0.00 2 $0.00
C9400-SUP-1XL-B Cisco Catalyst 9400 Series Sup-1XL Bundle Select Option $2,895.70 1 $2,895.70
C9400-LC-48H-B Catalyst 9400 Series 2xC9400-LC-48H for Bundle Select $1,703.36 1 $1,703.36
C9400-SUP-1XL Cisco Catalyst 9400 Series Supervisor 1XL Module $0.00 1 $0.00
C9400-SSD-
240GB
Cisco Catalyst 9400 Series 240GB M2 SATA memory (Supervisor)$1,158.28 1 $1,158.28
C9400-LC-48H Cisco Catalyst 9400 Series 48-Port UPOE+ 10/100/1000 (RJ-45)$0.00 1 $0.00
C9400-LC-48H Cisco Catalyst 9400 Series 48-Port UPOE+ 10/100/1000 (RJ-45)$0.00 1 $0.00
C9400-SUP-1XL/2 Cisco Catalyst 9400 Series Redundant Supervisor 1XL Module $11,003.67 1 $11,003.67
C9400-SSD-
240GB
Cisco Catalyst 9400 Series 240GB M2 SATA memory (Supervisor)$1,399.59 1 $1,399.59
C9400-LC-48H Cisco Catalyst 9400 Series 48-Port UPOE+ 10/100/1000 (RJ-45)$5,212.26 1 $5,212.26
C9400-LC-48H Cisco Catalyst 9400 Series 48-Port UPOE+ 10/100/1000 (RJ-45)$5,212.26 1 $5,212.26
NETWORK-PNP-
LIC
Network Plug-n-Play Connect for zero-touch device deployment $0.00 1 $0.00
C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)$13,899.37 1 $13,899.37
SFP-10G-SR-S=10GBASE-SR SFP Module, Enterprise-Class $327.17 16 $5,234.72
Subtotal:$150,925.25
Professional Services
Description Price Qty Ext. Price
Fixed PS Professional Services Scope of Work - Installation & Configuration $14,122.00 1 $14,122.00
Subtotal:$14,122.00
Page: 4 of 6Quote #008464NW v1
116 Inverness Dr E.
Suite 200
Englewood, CO 80112
www.247networks.com
(303) 991-2224
Shipping
Description Qty
Shipping Free Shipping and Handling Included
Shipping
1
Page: 5 of 6Quote #008464NW v1
116 Inverness Dr E.
Suite 200
Englewood, CO 80112
www.247networks.com
(303) 991-2224
6228 - Catalyst Switches
Prepared by:Prepared for:Quote Information:
24/7 Networks LLC City Of Wheat Ridge Quote #: 008464NW
Paige Hefner
(303) 991-2224
phefner@247networks.com
,
Jesse Dubin
(303) 235-2824
jdubin@ci.wheatridge.co.us
Version: 1
Delivery Date: 05/06/2022
Expiration Date: 06/03/2022
Quote Summary
Description Amount
Hardware $150,925.25
Professional Services $14,122.00
Total:$165,047.25
Taxes, shipping, handling, professional services, cabling and other charges may apply. We reserve the right to cancel orders arising from
pricing or other errors. The latest terms and conditions are available at https://247networks.com/TC
24/7 Networks LLC City Of Wheat Ridge
Signature:
Name:Paige Hefner
Title:Account Manager
Date:05/06/2022
Signature:
Name:Jesse Dubin
Date:
Page: 6 of 6Quote #008464NW v1
STATE OF UTAH COOPERATIVE CONTRACT
Contract #: AR3227
1. CONTRACTING PARTIES: This contract is between the Utah Division of Purchasing and the following Contractor:
Cisco Systems, Inc.
Name
170 West Tasman Dr.
Street Address
San Jose CA 95134
City State Zip
Vendor # VC0000118462 Commodity Code #: 920-05 Legal Status of Contractor: For-Profit Corporation
Contact Name: Mimi Nguyen-Farr, Sr Manager Phone Number: (408) 527-2627 Email: mimnguye@cisco.com
2. CONTRACT PORTFOLIO NAME: Data Communications Products and Services.
3. GENERAL PURPOSE OF CONTRACT: Provide Data Communications Products and Services for the Award Categories provided in
Attachment B Scope of Work.
4. PROCUREMENT: This contract is entered into as a result of the procurement process on FY2018, Solicitation# SK18001.
5. CONTRACT PERIOD: Effective Date: Tuesday, October 01, 2019. Termination Date: Monday, September 30, 2024 unless terminated
early or extended in accordance with the terms and conditions of this contract. Renewal Options: Two (2) one year renewal options.
6. Administrative Fee (if any): Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of
one-quarter of one percent (0.25% or 0.0025) of contract sales no later than 60 days following the end of each calendar quarter. The
NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on sales of the Services.
7. Prompt Payment Discount Details (if any): N/A.
8. ATTACHMENT A: NASPO ValuePoint Master Terms and Conditions, including the attached Exhibits
ATTACHMENT B: Scope of Services Awarded to Contractor
ATTACHMENT C: Pricing Discounts and Value Added Services
ATTACHMENT D: [Reserved]
Any conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A.
9. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED:
a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract.
b. Utah Procur SK18001.
10. Each signatory below represents that he or she has the requisite authority to enter into this contract.
IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. Notwithstanding verbal or other representations by
CONTRACTOR DIVISION OF PURCHASING
Contractor's signature Date Director, Division of Purchasing Date
Type or Print Name and Title
Internal Contract Tracking #: AR3227 Solicitation #: SK18001 Vendor #: VC0000118462
August 30, 2019
Attachment A: Page 1 of 37
Note: sections negotiated 1, 2, 5, 6, 7,
8, 10, 13, 14, 16, 17, 18, 19, 20, 22,
24, 25, 26, 27, 28, 29, 30, 32, 37, 38,
40, and 46.
Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions
1. Master Agreement Order of Precedence
a. Any Order placed under this Master Agreement shall consist of the following documents:
(1) ddendum
(2) NASPO ValuePoint Master Agreement Terms & Conditions;
(3) , A Statement of Work, including a Service Level Agreement contained within the Statement of
Work;
(4) The Solicitation; and
(5) ed) and accepted by the Lead
State.
b. These documents shall be read to be consistent and complementary. Any conflict among these
documents shall be resolved by giving priority to these documents in the order listed above.
Contractor terms and conditions that apply to this Master Agreement are only those that are
expressly accepted by the Lead State and must be in writing and attached to this Master Agreement
as an Exhibit or Attachment.
2. Definitions
Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to
those terms in this section.
Administrative Data
Data may include
Personal Data and information about contractual commitments, whether collected at the time of the initial
registration or thereafter.
Cloud Software means a Contractor-hosted software offering as described in the applicable Cloud
Offeri
set forth in Exhibit 1.
Contractor means the person or entity directly delivering Products or performing services under the terms
and conditions set forth in this Master Agreement or through its approved Fulfillment Partners.
Data Breach means any
teams, non-authorized access to or acquisition of computerized Purchasing Entity Data or Personal Data
that compromises the security, confidentiality, or integrity of the Non-Public Data or Personal Data, or the
ability of Purchasing Entity to access the Purchasing Entity Data or Personal Data.
Disabling Code means computer instructions or programs, subroutines, code, instructions, data or
functions, (including but not limited to viruses, worms, date bombs or time bombs), including but not
limited to other programs, data storage, computer libraries and programs that self-replicate without
Attachment A: Page 2 of 37
manual intervention, instructions programmed to activate at a predetermined time or upon a specified
event, and/or programs purporting to do a meaningful function but designed for a different function, that
software, applications and/or its end users processing environment, the system in which it resides, or any
other software or data on such system or any other system with which it is capable of communicating.
Embedded Software means one or more software applications which are installed and reside on a
set forth in Exhibit 1.
Fulfillment Partner means a third-party contractor or reseller qualified and authorized by Contractor, and
approved by the Participating Entity under a Participating Addendum, who may, to the extent authorized
by Contractor, fulfill any of the requirements of this Master Agreement including but not limited to
providing Services under this Master Agreement and billing Purchasing Entity directly for such Services.
Contractor may, upon written notice to the Participating Entity, add or delete authorized Fulfillment
Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend
this Master Agreement or to bind Contractor to any additional terms and conditions.
Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets,
trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and
all rights, title, and interest therein.
Lead State means the State centrally administering any resulting Master Agreement(s).
Master Agreement means the underlying agreement executed by and between the Lead State, acting on
behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended.
NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO
ValuePoint, a 501(c)(3) limited liability company that is a subsidiary organization the National Association
of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint
facilitates administration of the NASPO cooperative group contracting consortium of state chief
procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions
and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations,
etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is
identified in the Master Agreement as the recipient of reports and may perform contract administration
functions relating to collecting and receiving reports as well as other contract administration functions as
assigned by the Lead State.
Order or Purchase Order means any purchase order, sales order, contract or other document used by a
Purchasing Entity to order the Products and/or Services as authorized under the Master Agreement and
Participating Addenda
scheduled during the term of and/or post the expiration date of the Master Agreement, often negotiated
to take advantage of predetermined or to lock-in pricing (i.e. from older Contractor pricelists).
Participating Addendum means a bilateral agreement executed by a Contractor and a Participating
Entity incorporating this Master Agreement and any other additional Participating Entity specific language
or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and
conditions.
Participating Entity means a state in the United States of America, or other public sector legal entity (i.e.
political subdivisions such as municipalities and counties, and K-12 and higher education institutions) in
the United States of America, properly authorized to enter into a Participating Addendum.
Participating State means a state, the District of Columbia, or one of the territories of the United States
who has the authority to execute a Participating Addendum to this Master Agreement. Upon execution
of the Participating Addendum, a Participating State becomes a Participating Entity; however, a
Participating State listed in the Request for Proposal is not required to participate through execution of a
Participating Addendum.
Personal Data means data alone or in combination that includes information relating to an individual that
identifies the individual by name, identifying number, mark or description can be readily associated with a
Attachment A: Page 3 of 37
particular individual and which is not a public record. Personal Information may include the following
personally identifiable information (PII): government-issued identification numbers (e.g., Social Security,
numbers; or Protected Health Information (PHI) relating to a person.
Product means any equipment, software (including embedded software), documentation, service or other
deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Products,
supplies and services, and products and services are used interchangeably in these terms and
conditions.
Purchasing Entity means a state (as well as the District of Columbia and U.S territories), city, county,
district, other political subdivision of a State, and a nonprofit organization under the laws of some states if
authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement
and becomes financially committed to the purchase.
Purchasing Entity Data means all information, whether in oral or written (including electronic)
form, created by or in any way originating with a Participating Entity or Purchasing Entity
provided or transferred to Contractor in the course of using the Services or Cloud Software
provided under this Agreement. Purchasing Entity Data includes Administrative Data and does
not include Telemetry Data or Statistical Data.
Services mean services that are in scope of this Master Agreement and are supplied or created by the
Contractor pursuant to this Master Agreement (to include the attached Services Exhibit in Exhibit 2).
Security Incident
security teams, unauthorized access to Purchasing Entity Data and Personal Data that Contractor
possession or control of the Contractor. A Security Incident may or may not turn into a Data Breach.
Service Level Agreement (SLA) means a written agreement between both the Purchasing Entity and the
Contractor that is subject to the terms and conditions in this Master Agreement and relevant Participating
Addendum (unless otherwise expressly agreed in writing between the Purchasing Entity and the
Contractor). A Service Level Agreement may be memorialized within a Statement of Work for the
Services. SLAs should include: (1) the technical service level performance promises, (i.e. metrics for
performance and intervals for measure), (2) description of service quality, (3) identification of roles and
responsibilities, (4) remedies, such as credits, and (5) an explanation of how remedies or credits are
calculated and issued. Not every Service provided under this Master Agreement need be covered by a
SLA.
Solicitation
Proposal.
Statement of Work means a written document agreed between Contractor and Purchasing Entity that
defines Services and deliverables to be provided to Purchasing Entity.
Software means the binary image of Contractor computer programs (including Upgrades) which could
be a downloadable file, delivered on physical media, pre-installed on the on-premise computer
system, resident in ROM/Flash (system memory) or cloud-hosted and purchased from Contractor.
Software is set forth in Exhibit 1.
Statistical Data means any information/data that Contractor derives from Purchasing Entity Data
and/or Telemetry Data, provided that such information/data is aggregated and/or de-identified such
that it cannot reasonably be used to identify an individual or entity.
Telemetry Data means information generated by instrumentation and logging systems created
through the use and operation of Contractor products and services.
Attachment A: Page 4 of 37
NASPO ValuePoint Program Provisions
3. Term of the Master Agreement
a. The initial term of this Master Agreement is for five (5) years. This Master Agreement may be
discretion and by mutual agreement and upon review of requirements of Participating Entities,
current market conditions, and Contractor performance.
b. The Master Agreement may be extended for a reasonable period of time, not to exceed six (6)
months, if in the judgment of the Lead State a follow-on, competitive procurement will be
unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-
on master agreement. This subsection shall not be deemed to limit the authority of a Lead State
under its state law otherwise to negotiate contract extensions.
4. Amendments
The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in
any manner whatsoever without prior written agreement of the Lead State and Contractor.
5. Participants and Scope
a. Contractor may not deliver Products under this Master Agreement until a Participating Addendum
acceptable to the Participating Entity and Contractor is executed. The NASPO ValuePoint Master
Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other
Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified,
supplemented or amended by a Participating Addendum. By way of illustration and not limitation,
this authority may apply to unique delivery and invoicing requirements, confidentiality requirements,
defaults on Orders, governing law and venue relating to Orders by a Participating Entity,
indemnification, and insurance requirements. Statutory or constitutional requirements relating to
availability of funds may require specific language in some Participating Addenda in order to comply
with applicable law. The expectation is that these alterations, modifications, supplements, or
amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing
Entity and Contractor, may be included in the ordering document (e.g. purchase order or contract)
used by the Purchasing Entity to place the Order.
b. Use of specific NASPO ValuePoint Master Agreements by state agencies, political subdivisions
and other Participating Entities (includ
use state contracts are subject to the approval of the respective State Chief Procurement Official.
Issues of interpretation and eligibility for participation are solely within the authority of the respective
State Chief Procurement Official.
c. Obligations under this Master Agreement are limited to those Participating Entities who have signed
a Participating Addendum and Purchasing Entities within the scope of each Participating
Addendum States or other entities permitted to participate may use an informal competitive process
to determine which Master Agreements to participate in through execution of a Participating
Addendum. Financial obligations of Participating Entities who are states are limited to the orders
placed by the departments or other state agencies and institutions having available funds.
Participating Entities who are states incur no financial obligations on behalf of other Purchasing
Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum to
PA@naspovaluepoint.org to support documentation of participation and posting in appropriate
databases.
d.NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a
party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting
states in administering the NASPO cooperative purchasing program for state government
departments, institutions, agencies and political subdivisions (e.g., colleges, school districts,
Attachment A: Page 5 of 37
counties, cities, etc.) for all 50 states, the District of Columbia and the territories of the United
States.
e. Participating Addenda shall not be construed to amend the following provisions in this Master
Agreement between the Lead State and Contractor that prescribe NASPO ValuePoint Program
requirements: Term of the Master Agreement; Amendments; Participants and Scope; Administrative
Fee; NASPO ValuePoint Summary and Detailed Usage Reports; NASPO ValuePoint Cooperative
Program Marketing and Performance Review; NASPO ValuePoint eMarketCenter; Right to Publish;
Price and Rate Guarantee Period; and Individual Purchasing Entity. Any such language shall be
void and of no effect.
f. Participating Entities who are not states may under some circumstances sign their own Participating
Addendum, subject to the consent to participation by the Chief Procurement Official of the state
where the Participating Entity is located. Coordinate requests for such participation through NASPO
ValuePoint. Any permission to participate through execution of a Participating Addendum is not a
determination that procurement authority exists in the Participating Entity; they must ensure that they
have the requisite procurement authority to execute a Participating Addendum.
g. Resale
assignment of the right to services. Subject to any specific conditions included in the solicitation or
Addendum, Purchasing Entities may not resell Products (the definition of which includes services).
Absent any such condition or explicit permission, this limitation does not prohibit: payments by
employees of a Purchasing Entity for Products when purchased for the Purchasing Entity; sales of
hardware Products to the general public as surplus property; and fees associated with inventory
transactions with other
laws and regulations. Any sale or transfer permitted by this subsection must be consistent with
license rights granted for use of intellectual property. The transfer of licenses to software shall be
-current software transfer and relicensing policy.
6. Administrative Fees
a. The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative
Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end
of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly
and is based on all sales of products and services under the Master Agreement (less any charges
for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be
included as part of the pricing submitted with proposal.
b. Additionally, some states may require an additional fee be paid directly to the state only on
purchases made by Purchasing Entities within that state. For all such requests, the fee level,
payment method and schedule for such reports and payments will be incorporated into the
Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the
Master Agreement pricing accordingly for purchases made by Purchasing Entities within the
jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative
Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state
requesting the additional fee. The NASPO ValuePoint Administrative Fee in subsection 6a shall be
based on the sum of all sales at Net Purchase Price at the adjusted prices (if any) in Participating
Addenda,
service minus all applicable contract discounts, rebates or value added incentives, and excluding
sales, use or other applicable taxes, surcharges or like fees, to the extent applicable to an Order.
7. NASPO ValuePoint Summary and Detailed Usage Reports
In addition to other reports that may be required by this solicitation, the Contractor shall provide the
following NASPO ValuePoint reports.
a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint
using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at
Attachment A: Page 6 of 37
http://calculator.naspovaluepoint.org. Any/all sales made under this Master Agreement shall be reported
as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a
report is still required. Reports shall be due no later than sixty (60) days following the end of the calendar
quarter (as specified in the reporting tool).
b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2)
entity/Purchasing Entity type, e.g. local government, higher education, K12, non-profit; (3)
Purchasing Entity name; (4) Purchasing Entity bill-to and ship-to locations; (4) Purchasing Entity and
Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit,
return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and
line item description, including product number if used. The report shall be submitted in any form
required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead
State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after
the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO
ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-
ROM, flash drive or other method as determined by the Lead State and NASPO ValuePoint.
Detailed sales data reports shall include sales information for all sales under Participating Addenda
executed under this Master Agreement. The format for the detailed sales data report is in
Attachment H of the Solicitation.
c.
government use only. Sales to employees for personal use are prohibited. [RESERVED].
d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an
executive summary each quarter that includes, at a minimum, a list of states with an active
Participating Addendum, states that Contractor is in negotiations with and any Participating
Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative
Development Coordinator and Contractor will determine the format and content of the executive
summary. The executive summary is due thirty (30) days after the conclusion of each calendar
quarter.
e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient
of the reports shall have exclusive ownership of the media containing the reports. The Lead State
and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable
right to display, modify, copy, and otherwise use reports, data and information provided under this
section.
8. NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review
a. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to
sales/marketing workforce regarding the Master Agreement contract, including the competitive
nature of NASPO ValuePoint procurements, the Master Agreement and Participating Addendum
process, and the manner in which qualifying entities can participate in the Master Agreement.
b. Contractor agrees, as Participating Addenda become executed, if requested by ValuePoint
personnel to provide plans to launch the program within the participating state. Plans will include
time frames to launch the agreement and confirmation that the Contractor
updated to properly reflect the contract offer as available in the participating state.
c. Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider
Purchasing Entity proposed terms and conditions, as deemed important to the Purchasing Entity,
for possible inclusion into the Purchasing Entity agreement. Contractor will ensure that their sales
force is aware of this contracting option.
d. Contractor agrees to participate in an annual contract performance review at a location selected by
the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans,
target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of
administration fees.
Attachment A: Page 7 of 37
e. Contractor acknowledges that the NASPO ValuePoint logos may not be used by Contractor in sales
and marketing until a logo use agreement is executed with NASPO ValuePoint.
f. The Lead State expects to evaluate the utilization of the Master Agreement at the annual
performance review. Lead State may, in its discretion, terminate the Master Agreement pursuant to
section 35 or not exercise an option to renew, when Contractor utilization does not warrant further
administration of the Master Agreement. The Lead State may exercise its right to not renew the
Master Agreement if vendor fails to record or report revenue for three consecutive quarters, upon
60-calendar day written notice to the Contractor. Termination based on nonuse or under-utilization
will not occur sooner than two years after award (or execution if later) of the Master Agreement. This
subsection does not limit the discretionary right of either the Lead State or Contractor to terminate
the Master Agreement pursuant to Section 35or to terminate for default pursuant to Section 37
9. NASPO ValuePoint eMarket Center
a. In July 2011, NASPO ValuePoint entered into a multi-year agreement with SciQuest, Inc. (doing
business as JAGGAER) whereby JAGGAER will provide certain electronic catalog hosting and
Purchasing Entit to access a
central online website to view and/or shop the goods and services available from existing NASPO
ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO
ValuePoint eMarket Center.
b. The Contractor will have visibility in the eMarket Center through Ordering Instructions. These
Ordering Instructions are available at no cost to the Contractor and provide Purchasing Entity
information regarding the Contractor website and ordering information. The Contractor is
required at a minimum to participate in the eMarket Center through Ordering Instructions.
c. At a minimum, the Contractor agrees to the following timeline: NASPO ValuePoint eMarket Center
Site Admin shall provide a written request to the Contractor to begin Ordering Instruction process.
The Contractor shall have thirty (30) days from receipt of written request to work with NASPO
ValuePoint to provide any unique information and ordering instructions that the Contractor would like
the Purchasing Entity to have.
d. If the solicitation requires either a catalog hosted on or integration of a punchout site with eMarket
Center, or either solution is proposed by a Contractor and accepted by the Lead State, the
provisions of the eMarket Center Appendix to these NASPO ValuePoint Master Agreement Terms
and Conditions apply.
10. Right to Publish
Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior
approval for the release of information that pertains to the potential work or activities covered by the
Master Agreement. This limitation does not preclude publication about the award of the Master
Agreement or marketing activities consistent with any proposed and accepted marketing plan; nor does
the limitation preclude Contractor providing limited information as necessary for Contractor to perform its
duties or secure or exercise any rights under the Master Agreement. The Contractor shall not make any
services that are the subject of this Master Agreement without prior written consent. Failure to adhere to
this requirement may result in termination of the Master Agreement for cause.
11. Price and Rate Guarantee Period
All pricing must be guaranteed for the first year of the Master Agreement.
Following the guarantee period, any request for price increases must be for an equal guarantee period (1
year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective
date. The Lead State will review a documented request for an MSRP price list increase only after the
Price Guarantee Period. Requests for price increases must include sufficient documentation supporting
the request and demonstrating a reasonableness of the adjustment when comparing the current price list
to the proposed price list. Documentation may include: the manufacturers national price increase
Attachment A: Page 8 of 37
announcement letter, a complete and detailed description of what products are increasing and by what
percentage, a complete and detailed description of what raw materials and/or other costs have increased
and provide proof of increase, index data and other information to support and justify the increase.
No retroactive price increases will be allowed.
Price Reductions. In the event of a price decrease in any category of product at any time during the
ed commercial price list, including renewal options, the Lead State shall be
notified immediately. All published commercial price list price reductions shall be effective upon the
notification provided to the Lead State.
12. Individual Purchasing Entities
Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms
and conditions of the Master Agreement and applicable Participating Addendum and will have the same
rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including
but not limited to, any indemnity or right to recover any costs as such right is defined in the Master
Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be
responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice
each Purchasing Entity individually.
Administration of Orders
13. Ordering and Orders
a. Lead State desires that the Master Agreement identifier and purchase order numbers be clearly
shown on all acknowledgments, shipping labels, packing slips, invoices, and on all
correspondence. Any such information will be per Contractor's existing free form structure, without
customization. The purchase order numbers reflect Contractor's Fulfillment Partner purchase order
numbers; however, Contractor will request that its Fulfillment Partners use reasonable efforts to
provide the Purchasing Entity Purchase Order number in the free form notes.
b. Contractor reserves the right to require that purchases be made through Fulfillment Partners.
Where so required by Contractor, Purchasing Entities shall not order Products and/or Services
directly from Contractor and shall order same from Fulfillment Partner. Purchasing Entity shall
purchase Products and/or Services by issuing a written or electronic Purchase Order, signed or (in
the case of electronic transmission) sent by its authorized representative, indicating specific
products, quantity, unit price, total purchase price, shipping instructions, requested delivery dates,
bill-to and ship-to addresses, tax exempt certifications, if applicable, and any other special
instructions.
c. Any contingencies on Purchasing Entity's Purchase Orders are not binding upon Contractor. The
terms and conditions of this Master Agreement and applicable Participating Addendum prevail,
regardless of any additional or conflicting terms on the Purchase Order, or other correspondence
from Purchasing Entity to Contractor and any additional or conflicting terms are deemed rejected by
Contractor unless Contractor has expressly agreed to such terms in writing. Mere
acceptance or processing of a Purchase Order or Order containing such terms shall not
constitute such express consent.
d. All Purchase Orders are subject to Contractor's reasonable acceptance (including performing
any related credit checks). Contractor shall use commercially reasonable efforts to accept or
reject orders in writing within ten (10) days from receipt, or within three (3) business days, if
orders are placed electronically.
e.Purchasing Entity may defer product shipment up to thirty (30) days from the originally
scheduled shipping date, provided written notice is received by Contractor at least ten (10)
days before the originally scheduled shipping date. Cancelled orders, rescheduled
deliveries, or product configuration changes made by Purchasing Entity less than ten (10)
Attachment A: Page 9 of 37
days before the original shipping date are subject to Contractor's acceptance and a charge
of fifteen percent (15%) of the total invoice amount relating to the affected Product(s).
Contractor reserves the right to reschedule delivery due to configuration changes made
within ten (10) days of scheduled shipment. No cancellation shall be accepted by
Contractor where products are purchased with implementation services, including but not
limited to design, customization, or installation services, except as may be set forth in the
agreement or Statement of Work under which the services are to be rendered.
Notwithstanding anything to the contrary, if Contractor is delayed in shipping the product
for thirty (30) days or more from the original shipping date, the Purchasing Entity may
cancel the order without charge.
f. Services. Purchasing Entity may place Purchase Orders for the various services offered by
Contractor. The provision of any such services, if accepted by Contractor, shall be subject to
the terms and conditions set forth in this Agreement, including the Services Exhibit attached
hereto as Exhibit 2, as well as the then-current terms of service offerings set forth on
Contractor's website at https://www.cisco.com/c/en/us/about/legal/service-descriptions.html.
Contractor reserves the right to subcontract services to a third party organization to provision
services for Purchasing Entity.
g. All stated prices are exclusive of any taxes, fees, and duties or other similar amounts, however
designated, and including without limitation value added, sales and withholding taxes which are
levied or based upon such prices, charges, or upon this Master Agreement. Purchasing Entity
will pay sales and use taxes, if any, imposed on the Products and Services acquired under this
Master Agreement, or furnish proof of its tax-exempt status upon request. Contractor will pay all
other taxes based on Contractor's income or gross receipts, or personal property taxes levied
or assessed on Contractor's personal property. In the event that the Purchasing Entity is
exempt from property and sales taxes, it will not be charged same.
h. Notwithstanding anything contained in the Master Agreement to the contrary, modifications which
Contractor deems necessary to comply with specifications, changed safety standards
or governmental regulations, to make the product non-infringing with respect to any patent,
copyright, or other proprietary interest, or to otherwise improve the product may be made at any time
by Contractor without prior notice to or consent of Purchasing Entity or NASPO, and such altered
product shall be deemed fully conforming. Contractor shall employ commercially reasonable efforts
to announce, including by electronic posting, product discontinuance or changes other than those
set forth in the previous sentence in accordance with Contractor's End-of-Life Policy, which is found
at the following URL: http://www.cisco.com/c/en/us/products/eos-eol-policy.html Purchasing Entity
may make a last-time purchase of such products as set forth in such policy.
i. Purchasing Entities may define entity or project-specific requirements and informally compete the
requirement among companies having a Master Agreement on
procedure may also be used when requirements are aggregated or other firm commitments may be
made to achieve reductions in pricing. This procedure may be modified in Participating Addenda
ules and policies. The Purchasing Entity may in its sole
discretion determine which Master Agreement Contractors and/or Fulfillment Partners should be
solicited for a quote. The Purchasing Entity may select the quote that it considers most
advantageous, cost and other factors considered.
j. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and
documentation. Contractor and/or Fulfillment Partner as applicable is expected to become familiar
ules, policies, and procedures regarding the ordering of supplies
and/or services contemplated by this Master Agreement.
k. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment
document under the law of the Purchasing Entity.
l. Orders may be placed consistent with the terms of this Master Agreement during the term of the
Master Agreement.
Attachment A: Page 10 of 37
m. All Orders pursuant to this Master Agreement, at a minimum, shall include:
(1) The services or supplies being delivered;
(2) The place and requested time of delivery;
(3) A billing address;
(4) The name, phone number, and address of the Purchasing Entity representative;
(5) The price per hour or other pricing elements consistent with this Master Agreement and the
proposal;
(6) A ceiling amount of the order for services being ordered; and
(7) The Master Agreement identifier.
n. All communications concerning administration of Orders placed shall be furnished solely to the
ch other
individual identified in writing in the Order.
o. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but
may have a delivery date or performance period up to 120 days past the then-current termination
date of this Master Agreement Maintenance agreements may have terms as prescribed in Section
27. Contractor is reminded that financial obligations of Purchasing Entities payable after the current
applicable fiscal year are contingent upon agency funds for that purpose being appropriated,
budgeted, and otherwise made available.
p. Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to
perform in accordance with the terms of any Orders then outstanding at the time of such expiration
or termination. Contractor shall not honor any Orders placed after the expiration or termination of
this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite
quantity, task orders, or other form of indefinite delivery order arrangement priced against this
Master Agreement may not be placed after or extend after the expiration or termination of this
Master Agreement, notwithstanding the term of any such indefinite delivery order agreement.
14. Shipping and Delivery
a. The prices are the delivered price to any Purchasing Entity. All deliveries for hardware Products
shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges pre-paid by
the Contractor, for the standard shipping time intervals. Expedited shipping and/or a special delivery
request that are non-standard delivery beyond docking areas at warehouses or designated delivery
drop-offs locations at buildings (i.e. delivery of the Order, including pallets, to a closet, designated
rooms, etc.) will result in additional charges to the Purchasing Entity. Title for hardware Products
and risk of loss shall pass to the Purchasing Entity upon delivery. The minimum shipment amount, if
any, will be found in the special terms and conditions. Any order for less than the specified amount
is to be shipped with the freight prepaid and added as a separate item on the invoice.
b. Any damage to a building interior, scratched walls, damage to the freight elevator, etc., negligently
caused by Contractor will be the responsibility of the Contractor. If damage does occur, it is the
responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order.
c.sts shall include all
packing and/or crating charges. Cases shall be of durable construction, good condition, properly
labeled and suitable in every respect for storage and handling of contents.
d.Scheduled shipping dates will be assigned by Contractor as close as practicable to Purchasing
-current lead times for the Products. Contractor will
use commercially reasonable efforts to ship all direct orders designated for shipment to U.S.
locations within thirty (30) days for hardware Products. The following circumstances may affect lead
times: (i) new products purchased within the first three (3) months of release of the product which
are subject to Contractor's then current published lead-times, (ii) third-party stand-alone products
which are not a component of equipment resold by Contractor, (iii) end-of-life products where the
termination of the product has been announced by Contractor, (iv) products which have been line-
Attachment A: Page 11 of 37
stopped due to software discrepancies, reconfiguration, industry-wide product shortages, or alleged
infringement claims, or (vi) situations where government rated orders create delays in lead-times.
Notwithstanding the foregoing, at any time when Purchasing Entity states "expedite" on an order
for a hardware Product or otherwise communicates to Contractor that an order is to be expedited,
Contractor shall use all commercially reasonable efforts to ensure the earliest possible delivery of
such products.
e. Contractor will communicate scheduled shipping dates in the order acknowledgement or on www.
Cisco.com within three (3) business days after receipt of an electronic order on www.cisco.com,
provided, however, that in the event such notification is not received in this time period,
Purchasing Entity shall notify Contractor of the non-receipt, and Contractor's sole obligation with
respect to such non- receipt shall be to promptly provide the information to the Purchasing Entity
after such notification.
f. If Contractor has reason to believe that the actual shipment date will occur later than the original
shipment date acknowledged by Contractor for reasons caused by Contractor, Contractor shall use
commercially reasonable efforts to promptly provide additional information to Purchasing Entity
including by electronic posting of the expected period of delay and, upon request, of the steps
available, if any, to minimize the delay. If the extended delivery date is anticipated to be more than
thirty (30) calendar days beyond the originally scheduled delivery date, the parties will work in good
faith to resolve any ordering issues.
g. Purchasing Entity shall assume responsibility for compliance with applicable export laws and
regulations, including the preparation and filing of shipping documentation necessary for export
clearance. This also applies in cases where Purchasing Entity requests delivery of hardware
Products to Purchasing Entity ng agent. Purchasing Entity agrees not to use any export
licenses owned by Contractor.
h. Contractor is not liable for damage or penalty for delay in delivery or for failure to give notice of
delay.
i. All sales are final. Except for return remedies set forth in the warranty statements, Contractor only
errors, or damage in transit. No other returns are authorized. The return of hardware Product must
be in acc
subject to any restocking fees.
15. Laws and Regulations
Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws
and regulations.
16. Inspection and Acceptance
Purchasing Entity has thirty (30) days after hardware Product delivery to inspect the hardware Product
for external damage and for any concealed damage ("Acceptance Period"). If external or concealed
damage is revealed during the Acceptance Period, then Purchasing Entity shall notify Contractor. At
Contractor's option, Contractor shall (i) repair such damage, (ii) ship a replacement, or (iii) refund the
purchase price (upon return of the hardware Product). After such Acceptance Period the Products shall
be deemed accepted. Acceptance does not relieve the Contractor of liability or responsibility under
17. Payment
Upon and subject to credit approval by Contractor, payment is due 30 days the date of the invoice.
Invoices for products ordered without implementation services shall be rendered by Contractor on or after
the date of delivery of such products to the Purchasing Entity. Contractor may assess overdue account
charges up to a maximum rate of one percent per month on the outstanding balance, unless a different
late payment amount is specified in a Participating Addendum, Order, or otherwise prescribed by
applicable law. If at any time Purchasing Entity is delinquent in the payment of any invoice, or is otherwise
Attachment A: Page 12 of 37
in breach of this Agreement, Cisco may, in its discretion, and without prejudice to its other rights, withhold
shipment (including partial shipments) of any order, require Purchasing Entity to prepay for further
shipments, and/or withhold the provision of Services, until complete payment has been received.
Purchasing Entity grants Cisco a security interest in Products purchased under this Agreement to secure
payment for such Products. If requested by Cisco, Purchasing Entity agrees to execute financing
statements to perfect this security interest. Payments will be remitted by mail. Payments may be made via
r this contract.
18. Warranty
limited warranty as set forth below.
a. Hardware Products. Contractor warrants that from the date of shipment by Contractor to Purchasing
Entity, and continuing for a period of the longer of (a) ninety (90) days or (b) the period set forth in
the warranty card accompanying the product or at https://www.cisco.com/go/warranty, the hardware
Product will be free from defects in material and workmanship, under normal use. This limited
remedy and the entire liability of Contractor and its suppliers under this limited warranty will be, at
Contractor's or its service center's option, (i) shipment of a replacement within the period and
according to the replacement process described in the warranty card (if any) or if no warranty card,
as described at https://www.cisco.com/go/warranty, or (ii) a refund of the purchase price, if the
hardware Product is returned to the party supplying it to Purchasing Entity, if different than
Contractor, freight and insurance prepaid. Contractor replacement parts, used in the replacement of
hardware Products, may be new or equivalent to new. Contractor's obligations hereunder are
conditioned upon the return of affected products, in accordance with Contractor's then- current return
procedures. This limited warranty does not apply if the hardware Product (i) has been altered,
except by Contractor or its authorized representative, (ii) has not been installed, operated, repaired,
or maintained in accordance with instructions supplied by Contractor, (ii) has been subjected to
abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or
accident; or (iv) is licensed or provided for beta, evaluation, testing or demonstration purposes.
b. Embedded Software Products. Contractor warrants that Embedded Software will substantially
conform to the applicable documentation of the Embedded Software for the longer of (i) ninety (90)
days following the date the Embedded Software is made available to Purchasing Entity for use or (ii)
as otherwise set forth at http://www.cisco.com/go/warranty. This warranty does not apply if the
Embedded Software, the hardware Product supplied by Contractor, or any other equipment upon
which the Embedded Software is authorized to be used: (i) has been altered, except by Contractor
or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by Contractor, (iii) has been subjected to abnormal physical or
electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is
licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which
there is not payment of a purchase price or license fee; or (v) has not been provided by an
authorized reseller of Contractor. Cisco will use commercially reasonable efforts to deliver to
Embedded Software free from any viruses, programs, or programming devices designed to modify,
Contractor shall repair, replace, or cause the refund of the license fees paid for the non-conforming
Embedded Software. This remedy is conditioned on Purchasing Entity reporting the non-
conformance in writing to Contractor within the warranty period. Purchasing Entity may be required
to return the Embedded Software, the Contractor hardware product, and/or Documentation as a
condition of this re
Contractor does not warrant that Embedded Software will operate uninterrupted or error-free or that
all errors will be corrected. In addition, Contractor does not warrant that the Embedded Software or
any equipment, system or network on which the Embedded Software is used will be free of
vulnerability to intrusion or attack.
Attachment A: Page 13 of 37
c. Cloud Software Products. Unless otherwise provided for in the applicable Cloud Offer Description,
Contractor warrants that it will provide the Cloud Software in accordance with the Cloud Offer
Description using commercially reasonable skill and care. Upon prompt notification by Purchasing
Contractor for the period in which the Cloud Software did not materially comply with the Cloud
Cloud Software.
d. Services. Contractor warrants that Services sold under this Agreement pursuant to Exhibit 2 will be
performed in a workmanlike manner and, where applicable, will materially comply with the applicable
Service Description. Purchasing Entity must promptly notify Contractor of a breach of this warranty.
ole and exclusive remedy for any breach of this warranty shall be, at
and return of the portion of the fees paid to Contractor by Purchasing Entity for such non-conforming
Services
e. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 18,
CONTRACTOR HEREBY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND
WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET
ENJOYMENT, ACCURACY, OR SYSTEM INTEGRATION, OR (B) ARISING FROM ANY COURSE
OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. TO THE EXTENT
AN IMPLIED WARRANTY OR CONDITION CANNOT BE DISCLAIMED, SUCH WARRANTY OR
CONDITION IS LIMITED IN DURATION TO THE APPLICABLE EXPRESS WARRANTY PERIOD.
19. Title of Product
Title to hardware Products and risk of loss shall pass to Purchasing Entity upon delivery. To the extent
the transfer of title to the hardware Product includes a license to use any Embedded Software in the
hardware Product subject to the terms of the End User License Agreement set forth in Exhibit 1. If
Purchasing Entity subsequently transfers title of the hardware Product to another entity, transfer of the
-current software transfer and
relicensing policy.
20. License of Pre-Existing Intellectual Property
Contractor grants to Purchasing Entity a license to Software pursuant to the license terms and restrictions
set forth in Exhibit 1.
21. No Guarantee of Service Volumes
The Contractor acknowledges and agrees that the Lead State and NASPO ValuePoint makes no
representation, warranty or condition as to the nature, timing, quality, quantity or volume of business for
the Services or any other products and services that the Contractor may realize from this Master
Agreement, or the compensation that may be earned by the Contractor by offering the Services. The
Contractor acknowledges and agrees that it has conducted its own due diligence prior to entering into this
Master Agreement as to all the foregoing matters.
22. Purchasing Entity Data
Purchasing Entity retains full right and title to Purchasing Entity Data provided by it. Contractor shall not
collect, access, or use user-specific Purchasing Entity Data except as strictly necessary to provide
Service to the Purchasing Entity. No information regarding Purchasing
can be identified to Purchasing Entity may be disclosed, provided, rented or sold to any third party for
any reason unless required by law or regulation or by an order of a court of competent jurisdiction. The
obligation shall extend beyond the term of this Master Agreement in perpetuity.
Attachment A: Page 14 of 37
23. System Failure or Damage
In the event of system failure or damage caused by Contractor or its Services, the Contractor agrees to
use its best efforts to restore or assist in restoring the system to operational capacity.
24. [RESERVED].
25. Data Privacy
The Contractor must comply with all applicable laws related to data privacy and security, including IRS
Pub 1075. Prior to entering into a Statement of Work with a Purchasing Entity for the processing of such
data, at the request of the Purchasing Entity, the Contractor and Purchasing Entity must cooperate and
hold a meeting to determine the data categorization to determine what data the Contractor will hold, store,
or process. To the extent applicable and reasonable, the Contractor must document the data
categorization in the Statement of Work.
26. Transition Assistance
a. The Contractor shall reasonably cooperate with other parties in connection with all Services to be
delivered under this Master Agreement, including without limitation any successor service provider
this Master Agreement. Only as set forth in a Services SOW under this Agreement, the Contractor
usable without the use of the Services and as agreed by a Purchasing Entity. Any transition
services requested by a Purchasing Entity involving additional knowledge transfer and support may
be subject to a separate transition Statement of Work.
b. A Purchasing Entity and the Contractor shall, when reasonable, create a Transition Plan Document
identifying the transition services to be provided and including a Statement of Work if applicable.
c.
the transition services and thereafter as required by the Purchasing Entity.
27. Performance and Payment Time Frames that Exceed Contract Duration
All maintenance or other agreements for services entered into during the duration of an SLA and whose
performance and payment time frames extend beyond the duration of this Master Agreement shall remain
in effect for performance and payment purposes (limited to the time frame and services established per
each written agreement). No new leases, maintenance or other agreements for services may be executed
after the Master Agreement has expired.
General Provisions
28. Insurance
a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this
Master Agreement, maintain in full force and effect, the insurance described in this section.
Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct
-, Class VII or better, in the most
required insurance may result in thi
option, result in termination of its Participating Addendum.
b. Coverage shall be written on an occurrence basis. The limits required shall be as indicated below:
(1) Commercial General Liability covering premises operations, independent contractors, products
and completed operations, blanket contractual liability, personal injury (including death),
advertising liability, and property damage, with a limit of $1 million per occurrence/$3 million
general aggregate provided that such limit can be satisfied with any combination of primary and
umbrella insurance;
Attachment A: Page 15 of 37
(2) Contractor must comply with any applicable State Workers Compensation or Employers Liability
Insurance requirements.
c. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a
Participating Entity who is a state within five (5) business days after Contractor is first aware of
expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened
or expiration, nonrenewal or expiration otherwise may occur.
d.
Request for Proposal as additional insureds for liabilities falling within Co
obligations under this Agreement that are otherwise covered by such insurance, (2) provides that
written notice of cancellation shall be delivered in accordance with the policy provisions, and (3)
ty insurance policy shall be primary, with any liability insurance
of any Participating State as secondary and noncontributory. Unless otherwise agreed in any
re
the same as those specified in the first sentence of this subsection. If any of the insurance required
herein is cancelled or nonrenewed, Contractor shall replace such insurance so that no lapse in
coverage occurs, and shall provide a revised certificate of insurance evidencing same.
e. Contractor shall furnish to the Lead State copies of certificates of all required insurance within thirty
(30) calendar days of the execution of this Master Agreement and prior to performing any work.
Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days
after any renewal date to the applicable state Participating Entity. Failure to provide evidence of
coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master
f.
any Participating Addendum, or any Purchase Order.
29. Records Administration and Audit
a. The Contractor shall maintain books, records, documents, and other evidence pertaining to this
Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail
as shall adequately reflect payments and fees. Contractor shall permit the Lead State, a
Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities
and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency,
to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and
records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it
for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive
for a period of six (6) years following termination of this Agreement or final payment for any order
placed by a Purchasing Entity against this Agreement, whichever is later, or such longer period as is
required
evaluate performance hereunder. Such access will be (i) with at least ten (10) business days
advance written notice, during normal business hours (ii) shall not unduly interrupt or interfere with
Contractor's normal business operations, and (iii) in the event that such audit is conducted by a third
party, such third party shall, prior to conducting such audit, execute a confidentiality agreement for
the benefit of Contractor in a form reasonably satisfactory to Contractor.
b. Without limiting any other remedy available to any governmental entity, the Contractor shall
reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments
inconsistent with the terms of the Master Agreement or Orders or underpayment of Administrative
records.
c. The rights and obligations herein exist in addition to any quality assurance obligation in the Master
Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State
to review compliance with those obligations.
Attachment A: Page 16 of 37
30. Confidentiality, Non-Disclosure, and Injunctive Relief
a. Confidentiality. Each party acknowledges that it and its employees or agents may, in the course of
dealing under this Master Agreement, be exposed to or acquire information that is confidential to the
other party. Any and all information of any form that is marked as confidential or would by its nature
, and (3) information concerning individuals, is
reports or other documents or items (including software) that result from the use of the Confidential
Information by Contractor shall be treated in the same manner as the Confidential Information.
Confidential Information does not include information that (1) is or becomes (other than by
disclosure by Receiving Party) publicly known; (2) is furnished by Disclosing Party to others without
possession without the obligation of nondisclosure prior to the time of its disclosure under this
Master Agreement; (4) is obtained from a source other than Disclosing Party without the obligation
of confidentiality, (5) is disclosed with the written consent of Disclosing Party or; (6) is independently
developed by employees, agents or subcontractors of Receiving Party who can be shown to have
had no access to the Confidential Information.
b. Non-Disclosure. Each Party shall hold Confidential Information in confidence, using at least the
industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market,
transfer or otherwise dispose of, give, or disclose Confidential Information to third parties (other than
subcontractors as necessary to perform the obligations of this Master Agreement) or use
Confidential Information for any purposes whatsoever other than what is necessary to the
performance of Orders placed under this Master Agreement. Each Party shall advise each of its
employees and agents of their obligations to keep Confidential Information confidential. Each Party
shall use commercially reasonable efforts to assist Disclosing Party in identifying and preventing any
unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the
foregoing, Receiving Party shall advise Disclosing Party immediately if Disclosing Party learns or
has reason to believe that any person who has had access to Confidential Information has violated
or intends to violate the terms of this Master Agreement, and Receiving Party shall at its expense
cooperate with Disclosing Party in seeking injunctive or other equitable relief in the name of
Disclosing Party against any such person. Except as directed by Disclosing Party, Receiving Party
will not at any time during or for three years after the term of this Master Agreement disclose, directly
or indirectly, any Confidential Information to any person, except in accordance with this Master
Receiving Party shall turn over to Disclosing Party all documents, papers, and other matter in their
possession that embody Confidential Information. Notwithstanding the foregoing, Receiving Party
may keep one copy of such Confidential Information necessary for quality assurance, audits and
evidence of the performance of this Master Agreement.
c. Injunctive Relief. The parties acknowledge that breach of this section, including disclosure of any
Confidential Information, will cause irreparable injury to Disclosing Party that is inadequately
compensable in damages. Accordingly, Disclosing Party may seek and obtain injunctive relief
against the breach or threatened breach of the foregoing undertakings, in addition to any other legal
remedies that may be available. Receiving Party acknowledges and agrees that the covenants
contained herein are necessary for the protection of the legitimate business interests of Disclosing
Party and are reasonable in scope and content.
d. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict
with the applicable public disclosure laws of any Purchasing Entity.
e. The confidentiality obligations under this section shall also extend to (as included within the
definition of Confidential Information) Participating Addenda, as well as Orders or transaction data
relating to Orders under this Master Agreement that identify the entity/Purchasing Entity, Order
dates, line item descriptions and volumes, and prices/rates. This provision does not apply to
Attachment A: Page 17 of 37
disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit,
inspection, or examination pursuant to Section 29.
To the extent permitted by law, Receiving Party shall notify the Receiving Party of any entity seeking
access to the Confidential Information described in this Section 30. The Receiving Party will be
authorized to disclose Confidential Information as may be required by applicable law pursuant to a
valid order issued by a court or government agency or relevant regulatory authority (including a
stock exchange), provided that the Receiving Party provides: (i) prior written notice to the Disclosing
Party of such obligation; and (ii) the opportunity to oppose such disclosure.
31. Public Information
This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing
32. Assignment/Subcontracts
a. Contractor shall not assign, sell, transfer, or sublet rights, or delegate responsibilities under this
Master Agreement, in whole or in part, without the prior written approval of the Lead State.
Contractor may, with prior written consent from Participating States, which consent shall not be
unreasonably withheld, enter into subcontracts with third parties as "Fulfillment Partners."
Fulfillment Partners are Subcontractors who may provide products and services under this Master
Agreement at the price discounts established in this Master Agreement and bill Purchasers directly
for such products and services. In addition, Contractor may, without permission, utilize
subcontractors to perform Services sold under this Master Agreement and provide Cloud Offers.
b. The Lead State reserves the right to assign any rights or duties, including written assignment of
contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business
as NASPO ValuePoint and other third parties.
33. Changes in Contractor Representation
managing the Master Agreement in writing within 10 calendar days of the change. The Lead State
Contractor agrees to propose replacement key personnel having substantially equal or better education,
proposal.
34. Independent Contractor
The Contractor shall be an independent contractor. Contractor shall have no authorization, express or
implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to
any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as
agent except as expressly set forth herein or as expressly agreed in any Participating Addendum.
35. Termination
Unless otherwise stated, this Master Agreement may be terminated by either Lead State or Contractor
upon 60 days written notice prior to the effective date of the termination. Further, any Participating Entity
may terminate its participation upon 30 days written notice, unless otherwise limited or stated in the
Participating Addendum. Termination may be in whole or in part. Any termination under this provision
shall not affect the rights and obligations attending orders outstanding at the time of termination,
including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for
Products delivered and accepted, rights attending any warranty or default in performance in association
with any Order, and requirements for records administration and audit. Termination of the Master
Agreement due to Contractor default may be immediate.
Attachment A: Page 18 of 37
36. Force Majeure
Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot,
The Lead State may terminate this Master Agreement after determining such delay or default will
reasonably prevent successful performance of the Master Agreement.
37. Defaults and Remedies
a. The occurrence of any of the following events by Contractor shall be an event of default under this
Master Agreement:
(1) Nonperformance of contractual requirements; or
(2) A material breach of any term or condition of this Master Agreement; or
(3) Any certification, representation or warranty by Contractor in response to the solicitation or in this
Master Agreement that proves to be untrue or materially misleading; or
(4) Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or
against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its
property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or
occurrence thereof; or
(5) Any default specified in another section of this Master Agreement.
b. Upon the occurrence of an event of default, the Lead State shall issue a written notice of default,
identifying the nature of the default, and providing a period of sixty (60) calendar days in which
Contractor shall have an opportunity to cure the default. The Lead State shall not be required to
provide advance written notice or a cure period and may immediately terminate this Master
Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably
necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall
damages.
c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified
in the written notice of default, Contractor shall be in breach of its obligations under this Master
Agreement and the Lead State shall have the right to exercise any or all of the following remedies:
(1) Exercise any remedy provided by law; and
(2) Terminate this Master Agreement and any related Contracts or portions thereof; and
(4) Suspend Contractor from being able to respond to future bid solicitations; and
(5) Suspend Co and
(6) Withhold payment until the default is remedied.
d. Unless otherwise specified in the Participating Addendum, in the event of a default under a
Participating Addendum, a Participating Entity shall provide a written notice of default as described
in this section and shall have all of the rights and remedies under this paragraph regarding its
participation in the Master Agreement with respect to its Participating Addendum, in addition to those
set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a
Purchasing Entity shall provide written notice of default as described in this section and have all of
the rights and remedies under this paragraph and any applicable Participating Addendum with
respect to an Order placed by the Purchasing Entity.
38. Waiver of Breach
Failure of the either party to declare a default or enforce any rights and remedies shall not operate as a
waiver under this Master Agreement or Participating Addendum. Any waiver must be in writing. Waiver
by a party any default, right or remedy under this Master Agreement or Participating Addendum, or with
respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a
Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any
Attachment A: Page 19 of 37
subsequent default or breach of such term or requirement, or of any other term or requirement under this
Master Agreement, Participating Addendum, or Purchase Order.
39. Debarment
The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by
any governmental department or agency. This certification represents a recurring certification made at
the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement,
attach a written explanation for review by the Lead State.
40. Indemnification; Limitation of Liability
a. General Indemnity - Each party shall defend, indemnify and hold harmless the other party, along
with their officers and employees, from and against third-party claims, damages or causes of action
dily injury, or damage to
tangible personal property (not including lost or damaged data) arising from negligent or willful
misconduct act(s), error(s), or omission(s) of the indemnifying party, its employees or subcontractors
or volunteers, relating to its performance under the Master Agreement. In the event that the
indemnified party's or a third party's negligent or willful misconduct acts, errors or omissions
contributed to cause the injury or damage for which a claim of indemnity is being asserted against
the Contractor, the damages and expenses (including, without limitation, reasonable attorneys' fees)
shall be allocated or reallocated, as the case may be, between the indemnified party, the Contractor,
and any other party bearing responsibility in such proportion as appropriately reflects the relative
fault of such parties, or their subcontractors, or the officers, directors, employees, agents,
successors, and assigns of any of them, and the liability of the Contractor shall be proportionately
reduced.
The foregoing indemnification obligations are conditioned upon the indemnified party promptly
notifying the indemnifying party in writing of the claim, suit, or proceeding for which the indemnifying
party is obligated under this Subsection, cooperating with, assisting, and providing information to,
the indemnifying party as reasonably required, and granting the indemnifying party the exclusive
right to defend or settle such claim, suit, or proceeding; provided that any such settlement or
compromise includes a release of the indemnified party from all liability arising out of such claim,
suit or proceeding.
b. Indemnification Intellectual Property. The Contractor shall defend any claim against NASPO,
NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the
Lead State, Participating Entities, or Purchasing Entities, along with their officers and employees
under this Agreement, infringes patents, copyrights or trademarks ("Intellectual Property Claim") of
another person or entity.
(1)
Property Claim is based on:
(a) compliance with any designs, specifications, requirements, or instructions by any Indemnified
or
(b) or
(c) t, or services offered by
Indemnified Party to external or internal Purchasing Entity, or revenue earned by the
Indemnified Party; or
(d)
software or business processes.
(2) The Indemnified Party shall notify the Contractor promptly after receiving notice of an Intellectual
Property Claim. If Indemnified Party fails to notify Contractor promptly of the Intellectual Property
Claim, and that failure prejudices Cont
Attachment A: Page 20 of 37
with respect to that Intellectual Property Claim will be reduced to the extent Contractor has been
prejudiced. In addition, such failure to provide prompt notification shall relieve Contractor of any
Contractor defends any Intellectual Property Claim, it shall have control over the defense and
settlement of the Intellectual Property Claim. However, the Indemnified Party must consent in
writing for any money damages or obligations for which it may be responsible. The Indemnified
Party shall furnish, at the Co
for such defense.
(3) If an Intellectual Property Claim is made or appears likely, Indemnified Party shall permit
Contractor to procure for Indemnified Party the right to continue using Contra
Contractor determines that none of those alternatives is reasonably available, then Indemnified
Party will return and/or cease using Cont
to generally accepted accounting principles.
(4) This Section 40
remedy regarding any Intellectual Property Claims.
c. under Section 40(a) (General
Indemnity) and Section 40(b) (Indemnification Intellectual Property) notwithstanding
anything else herein, all liability of Contractor and its suppliers to any Participating Entity (and any
Purchasing Entity under the Participating Entity) for claims arising under this Agreement, the
applicable Participating Addendum, or otherwise shall be limited to the greater of (i) three million
dollars ($3,000,000.00) or (ii) the money paid to Contractor by the Participating Entity under this
Master Agreement in the twelve (12) month period prior to the event or circumstances that first gave
rise to such liability. This limitation of liability is cumulative and not per incident.
d. Waiver of Consequential Damages. In no event shall Contractor or its suppliers be liable for any (i)
special, exemplary, incidental, indirect or consequential damages, or loss of or damage to data
business, anticipated savings, use of any product or service, opportunity, goodwill or reputation, or
(iii) wasted expenditure (other than any expenditure necessarily incurred to discharge the innocent
41. No Waiver of Sovereign Immunity
In no event shall this Master Agreement, any Participating Addendum or any contract or any Purchase
Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a
waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity,
immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from
any claim or from the jurisdiction of any court.
This section applies to a claim brought against the Participating Entities who are states only to the extent
ereign immunity and is not consent by the state to
be sued in federal court. This section is also not a waiver by the state of any form of immunity, including
but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution
of the United States.
42. Governing Law and Venue
a. The procurement, evaluation, and award of the Master Agreement shall be governed by and
construed in accordance with the laws of the Lead State sponsoring and administering the
procurement. The construction and effect of the Master Agreement after award shall be governed by
the law of the state serving as Lead State. The construction and effect of any Participating
Addendum or Order against the Master Agreement shall be governed by and construed in
accorda
Attachment A: Page 21 of 37
b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to
the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action
concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for
any claim, dispute, or action concerning any Order placed against the Master Agreement or the
effect of a Participating State.
c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and
exclusively within the United States District Court for (in decreasing order of priority): the Lead State
for claims relating to the procurement, evaluation, award, or contract performance or administration
if the Lead State is a party; a Participating State if a named party; the state where the Participating
Entity or Purchasing Entity is located if either is a named party.
43. Assignment of Antitrust Rights
Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of
action which the Contractor now has or which may accrue to the Contractor in the future by reason of any
violation of state or federal antitrust laws (15 U.S.C. § 1-
provisions), as now in effect and as may be amended from time to time, in connection with any goods or
services provided in that state for the purpose of carrying out the Contractor's obligations under this
Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to
control any such litigation on such claim for relief or cause of action.
44. Contract Provisions for Orders Utilizing Federal Funds
Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-
Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional
contractual requirements or certifications that must be satisfied at the time the Order is placed or upon
delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda
and Purchasing Entities for incorporation in Orders placed under this Master Agreement.
45. Leasing or Alternative Financing Methods
The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or
alternative financing methods for the acquisition of Products under this Master Agreement. Where the
terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms
and conditions for leasing or alternative financing methods are subject to negotiation between the
Contractor and Purchasing Entity.
46. Entire Agreement:
This Master Agreement, along with any attachment, contains the entire understanding of the parties
hereto with respect to the Master Agreement unless a term is modified in a Participating Addendum with a
Participating Entity. No click-through, or other end user terms and conditions or agreements required by
Participating Entities or Purchasing Entities, even if use of such Services requires an affirmative
in this Master Agreement.
Attachment A, eMarket Center Appendix: Page 22 of 37
eMarket Center Appendix
a. This Appendix applies whenever a catalog hosted by or integration of a punchout site with eMarket
Center is required by the solicitation or either solution is proposed by a Contractor and accepted by
the Lead State.
b.
Contractor for loading a hosted catalog or integrating a punchout site.
c. At a minimum, the Contractor agrees to the following:
(1) Implementation Timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written
request to the Contractor to begin enablement process. The Contractor shall have fifteen (15)
days from receipt of written request to work with NASPO ValuePoint and JAGGAER to set up an
the Contractor. The schedule will include future calls and milestone dates related to test and go
live dates. The contractor shall have a total of Ninety (90) days to deliver either a (1) hosted
catalog or (2) punch-out catalog, from date of receipt of written request.
(2) NASPO ValuePoint and JAGGAER will work with the Contractor, to decide which of the catalog
structures (either hosted or punch-out as further described below) shall be provided by the
Contractor. Whether hosted or punch-out, the catalog must be strictly limited to the
ucts and/or services not authorized
through the resulting cooperative contract should not be viewable by NASPO ValuePoint
Participating Entity users).
(a) Hosted Catalog. By providing a hosted catalog, the Contractor is providing a list of its
awarded products/services and pricing in an electronic data file in a format acceptable to
JAGGAER, such as Tab Delimited Text files. In this scenario, the Contractor must submit
updated electronic data no more than once per 30 days to the eMarket Center for the Lead
Stat -to-date version of its product/service offering under
the cooperative contract in the eMarket Center.
(b) Punch-Out Catalog. By providing a punch-out catalog, the Contractor is providing its own
online catalog, which must be capable of being integrated with the eMarket Center as a.
Standard punch-in via Commerce eXtensible Markup Language (cXML). In this scenario, the
Contractor shall validate that its online catalog is up-to-date by providing a written update no
more than once per 30 days to the Lead State stating they have audited the offered
products/services and pricing listed on its online catalog. The site must also return detailed
UNSPSC codes (as outlined in line 3) for each line item. Contractor also agrees to provide e-
Quote functionality to facilitate volume discounts.
d. Revising Pricing and Product Offerings: Any revisions to product/service offerings (new products,
altered SKUs, new pricing etc.) must be pre-approved by the Lead State and shall be subject to any
other applicable restrictions with respect to the frequency or amount of such revisions. However, no
cooperative contract enabled in the eMarket Center may include price changes on a more frequent
basis than once per year (see required Price Guarantee Period section 11). The following conditions
apply with respect to hosted catalogs:
(1) Updated pricing files are required each calendar month of the month and shall go into effect in the
eMarket Center on as approved by the Lead State contract administrator.
(2) Lead State-approved price changes are not effective until implemented within the eMarket
changes in eMarket Center.
e. Supplier Network Requirements: Contractor shall join the JAGGAER Supplier Network (SQSN) and
JAGGAER system, and view reports on catalog spend and product/pricing freshness. The Contractor
can receive orders through electronic delivery (cXML) or through low-tech options such as fax. More
Attachment A, eMarket Center Appendix: Page 23 of 37
information about the SQSN can be found at: www.sciquest.com or call the JAGGAER Supplier
Network Services team at 800-233-1121.
f. Minimum Requirements: Whether the Contractor is providing a hosted catalog or a punch-out
catalog, the Contractor agrees to meet the following requirements:
(1) Catalog must contain the most current pricing, including all applicable administrative fees and/or
discounts, as well as the most up-to-date product/service offering the Contractor is authorized to
provide in accordance with the cooperative contract; and
(2) The accuracy of the catalog must be maintained by Contractor throughout the duration of the
cooperative contract; and
(3) The Catalog must include a Lead State contract identification number; and
(4) The Catalog must include detailed product line item descriptions; and
(5) The Catalog must include pictures when possible; and
(6) The Catalog must include any additional NASPO ValuePoint and Participating Addendum
requirements. Although suppliers in the SQSN normally submit one (1) catalog, it is possible to
have multiple contracts applicable to different NASPO ValuePoint Participating Entities. For
example, a supplier may have different pricing for state government agencies and Board of
Regents institutions. Suppliers have the ability and responsibility to submit separate contract
pricing for the same catalog if applicable. The system will deliver the appropriate contract pricing
to the user viewing the catalog.
g. Order Acceptance Requirements: Contractor must be able to accept Purchase Orders via fax or
cXML. The Contractor shall provide positive confirmation via phone or email within 24 hours of the
day before a weekend or holiday, the Contractor must provide positive confirmation via phone or
email on the next business day.
h. UNSPSC Requirements: Contractor shall support use of the United Nations Standard Product and
Services Code (UNSPSC). UNSPSC versions that must be adhered to are driven by JAGGAER for
the suppliers and are upgraded every year. NASPO ValuePoint reserves the right to migrate to future
versions of the UNSPSC and the Contractor shall be required to support the migration effort. All line
items, goods or services provided under the resulting statewide contract must be associated to a
UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by
segment, family, class and commodity.
i. Applicability: Contractor agrees that NASPO ValuePoint controls which contracts appear in the
from the eMarket Center.
j. The Lead State reserves the right to approve the pricing on the eMarket Center. This catalog review
right is solely for the benefit of the Lead State and Participating Entities, and the review and approval
shall not waive the requirement that products and services be offered at prices (and approved fees)
required by the Master Agreement.
k. Several NASPO ValuePoint Participating Entities currently maintain separate JAGGAER
eMarketplaces, these Participating Entities do enable certain NASPO ValuePoint Cooperative
Contracts. In the event one of these entities elects to use this NASPO ValuePoint Cooperative
Contract (available through the eMarket Center) but publish to their own eMarketplace, the Contractor
agrees to work in good faith with the entity and NASPO ValuePoint to implement the catalog.
NASPO ValuePoint does not anticipate that this will require substantial additional efforts by the
Contractor; however, the supplier agrees to take commercially reasonable efforts to enable such
separate JAGGAER catalogs.
Attachment A, Exhibit 1: Page 24 of 37
Exhibit 1 Additional Contractor Terms and Conditions
END USER LICENSE AGREEMENT
You and Cisco. Please read it carefully. The Agreement includes the applicable Cloud Offer
Description(s) located at https://www.cisco.com/c/en/us/about/legal/cloud-and-software/cloud-terms.html
and SEULA(s) located at https://www.cisco.com/c/en/us/about/legal/cloud-and-software/software-
and the order of precedence in the event of conflict is in Section 1
. Depending on whether the Software is delivered on-premise as Embedded Software or as
a Cisco-hosted cloud offering of Cloud Software, certain terms herein may not apply to Your purchase.
must have the authority to enter into this Agreement. If You do not have such authority, or
if You do not agree with the terms of this Agreement, do not click accept and do not Use
the Software. If You determine that You cannot comply with the terms of this Agreement
after You have paid for the Software, You may return the Software to the Approved Source,
disable or uninstall the Embedded Software and/or cease Your Use of the cloud-hosted
Cloud Software and receive a full refund, provided You do so within thirty (30) days of
Your initial purchase.
Section 1. License
a. License. Subject to Your payment of the applicable fees to an Approved Source and compliance
with this Agreement, Cisco grants You a limited, non-exclusive license to Use the Software and
related Documentation for Your internal business purposes only and in accordance with any
Supplemental Terms, Order and/or Entitlement. In the event that Cisco requires You to register as an
end user, Your license is valid only if the registration is complete and accurate. The Embedded
Software delivered for Use on-premise may contain open source software, and is subject to separate
license terms. A list of such open source software and related license agreements can be found at
www.cisco.com/go/opensource.
b. Limitations and Restrictions. Unless expressly authorized by Cisco in writing, You will not and will
not allow a third party to:
i. Sell, resell, transfer, sublicense, or assign Your rights under this Agreement to any other person
or entity (except as expressly provided in Section 1.f below);
ii. modify, adapt or create derivative works of the Software or Documentation;
iii. reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source
code for the Software, except as authorized by Cisco ;
iv. make the functionality of the Software available to third parties in a managed or network
provisioned service;
v. Use Software that is licensed for a specific device, whether physical or virtual, on another
device;
vi. remove, modify, or conceal any product identification, copyright, proprietary, intellectual
property notices or other marks on or within the Software;
vii. Use the Software on secondhand and/or refurbished Cisco equipment; or
viii. Use the Software on third party hardware unless otherwise set forth in the Documentation (or
otherwise authorized by Cisco in writing).
c. Your Use of Cloud-Hosted Software. You will be responsible for the accuracy, quality and legality of
Your Customer Data, the means by which You acquired Your Customer Purchasing Entity Data and
Your Use of Your Customer Entity Data with our Software. You will not (i) interfere with other customer
access to, or use of, the Software, or with the security of the Software; (ii) facilitate the attack or
Attachment A, Exhibit 1: Page 25 of 37
disruption of the Software, including a denial of service (DoS) attack, unauthorized access, monitoring
or crawling or distribution of malware (including but not limited to viruses, Trojan horses, worms, time
bombs, spyware, adware or cancelbots), or (iii) cause an unusual spike or increase in Your use of the
Software that Cisco determines fraudulently or negatively impacts the operating capability of the
Software. If Your use of the Software requires or permits You to use any Cisco Content, You (and
Your agents) may only use such Cisco Content with the Software and with third-party products or
services offerings that Cisco has identified as compatible. You will not extract Cisco Content from or
use it separate from the Software, nor will you provide Cisco Content to a third party
d. Third Party Use of Software. You may allow a third party to Use the Software licensed to You solely
(i) on Your behalf, (ii) for Your internal operations, and (iii) in compliance with this Agreement. You
agree that You are responsible for any breach of this Agreement by that third party.
e. Upgrades and Additional Copies. Notwithstanding anything else in this Agreement, You may not
Use Upgrades and additional copies of the Software unless You:
i. hold a valid license to the Software, are in compliance with such license, and have paid the
applicable fee for the Upgrade; and
ii. purchase the Upgrade separately or have a valid support agreement covering the Software,
either as part of a subscription or purchased separately; and
iii. Use additional copies solely for backup purposes limited to archiving for restoration purposes.
f. Transferability/Assignment. You may only transfer or assign Your license rights to on-premise
Embedded Software to another person or entity in accordance with the current Cisco
Relicensing/Transfer Policy. Any transfer or assignment other than in accordance with the Transfer
Policy will have no effect. Cisco may transfer or assign any of its rights or delegate any of its
obligations under this Agreement in its sole discretion.
g. Interoperability. If required by applicable law, Cisco will provide You with the interface information
needed to achieve interoperability between the on-premise Embedded Software and another
independently created program. Cisco will provide this interface information at Your written request
strictly follow any applicable terms and conditions upon which Cisco makes the information available.
h. Non-production and Trial Use.
i. We may provide beta versions of the Software for you to evaluate and provide feedback. Beta
versions are not generally released and may only be used for limited, temporary purposes
-
without warranty of any kind, and Cisco is not responsible for any problems or issues related to
Your use. You understand that the Beta Software may never be generally available and we may
discontinue it in our sole discretion at any time for any reason and delete any Customer Data or
other data without liability to You. Your Use of the Beta Software is valid for thirty (30) days from
the date it is made available to You. You will be invoiced for the list price if You do not return or
stop Using it. You may not publish any results of benchmark tests run on the Beta Software without
first obtaining written approval from Cisco.
ii. We may also give You trial access to generally-available Software. Any trial period will expire in
-
without support or any express or implied warranty or indemnity of any kind. At any time during or
at the end of the trial, Cisco may terminate the trial and deactivate or delete Your account and any
related data, information, and files, and bar any further access to such data, information and files
for any reason.
Section 2. Fees and Payment
Fees for the Software are set out in Your purchase terms with Your Approved Source. Fees are non-
refundable and payment obligations are non-cancelable, except as provided here, in Your purchase
terms, or where prohibited by law.
Attachment A, Exhibit 1: Page 26 of 37
Section 3. Ownership and Your Data
a. What We Own. Cisco and its licensors retain ownership of all intellectual property rights in and to the
Software and its underlying technology and associat
including all improvements, enhancements, modifications, and derivative works. Cisco reserves all
rights to the Materials that are not expressly granted under this Agreement or the Supplemental
Terms.
b. What You Own and What You Do with It. You retain all right, title and interest in and to Customer
Data. You authorize Cisco to use any feedback or ideas You provide in connection with Your Use of
the Software for any purpose. You represent that all account information You provide is accurate
and will be kept up-to-date and that You will use reasonable means to protect Your account from any
unauthorized use or access, and promptly notify Cisco of any such use or access.
c. How We Use Your Data. Cisco will process Customer Data and Personal Data in accordance with
Privacy Statement, and the applicable Supplemental Terms. Cisco will
maintain administrative, physical and technical safeguards consistent with industry standards and the
Documentation, which are designed to provide security, confidentiality and integrity of the Customer
Data we process. Certain Data that Cisco collects from the Software, or that You provide or make
accessible to Cisco as part of Your use of the Software, is necessary for the essential use and
functionality of such Software. Data is also used by Cisco to provide associated services such as
technical support and to continually improve the operation, security and functionality of the Software.
For those reasons, You may not be able to opt out from some of the Data collection other than by
uninstalling, disabling or ceasing use of the Software.
i. Use of Telemetry Data and Statistical Data. Cisco may process Telemetry Data related to Your
use of the Software in order to (i) deliver, enhance, improve, customize, support, and/or analyze
the Software and other Cisco offerings, and (ii) derive Statistical Data. Cisco may freely use
Telemetry Data that does not identify You or any of Your Authorized Users. Statistical Data is
owned by Cisco and may be used for any legitimate interest or purpose, including, without
limitation, for purposes of enhancing, developing, marketing, and/or promoting Cisco products and
services, including the Software.
ii. International Data Transfers. Cisco may process and store Customer Data and Personal Data in
the United States or outside of the country where it was collected. You are responsible for providing
any required notices to Authorized Users and obtaining all required consents from Authorized Users
regarding the processing and transfer of their Personal Data by the Software, including international
transfers. Cisco will only transfer Personal Data consistent with applicable law. If Cisco processes
Personal Data from the EEA or Switzerland on Your behalf, we will do so in a manner consistent
with the relevant EU- or Swiss-
www.commerce.gov/privacyshield) or successor frameworks. If Cisco transfers Personal Data from
an APEC Member Economy on Your behalf, Cisco will process such Personal Data in a manner
www.cbprs.org
If Cisco is unable to provide at least the same level of protection as required by the Principles or
CBPRs, Cisco will promptly notify You and cease processing.
Section 4. Software Support
We will provide basic technical support for subscription Cloud and Embedded Software, as described in
the Supplemental Terms. Higher levels of support for subscription Software, and support for perpetual
Software is separately available for purchase.
Section 5. Term and Termination
a. Your right to Use the Software begins on the date (i) the on-premise Embedded Software is made
available for download or installation, or (ii) You receive notice that the cloud hosted Cloud Software
is provisioned or available for Your use , and continues until the end of the term specified in the
Attachment A, Exhibit 1: Page 27 of 37
If the Software is licensed for use both on-premise and cloud-hosted, Your right to Use begins on the
earlier of the date the Software is made available for download or is ready for provisioning.
b. Software subscriptions will automatically renew for the renewal period selected on the Order
in writing at least thirty (30) days before the end of the then-current term of its intention not to
renew or (ii) You or Your Approved Source elect on the Order at the time of initial purchase
not to auto-renew the Software subscriptions. Your Approved Source will notify You
reasonably in advance of any Renewal Term if there are fee changes. The new fees will apply
for the upcoming Renewal Term unless You or Your Approved Source promptly notify us in
writing, before the applicable renewal date, that You do not accept the fee changes. In such
event, the Software subscription will terminate at the end of the Initial Term.
c. If a party materially breaches this Agreement and does not cure that breach within thirty (30) days
after receipt of written notice of the breach, the non-breaching party may terminate this Agreement for
cause. Cisco also has the right to immediately suspend or terminate Your use of the Software if You
breach Section 1.c or Section 1.a or 1.b above. Upon termination or expiration of this Agreement,
You must cease any further use of the Software and destroy any copies within Your control. Upon
any termination by You for
Approved Source any prepaid fees covering the remainder of the Term after the effective date of
termination. Upon any termination by Cisco for Your material breach of the Agreement, You will pay
Cisco or Your Approved Source any unpaid fees covering the remainder of the Term.
d.
posting at http://www.cisco.com/c/en/us/products/index.html. If You or Your Approved Source prepaid
a license fee for Your Use of EOL Cloud Software, Cisco will use commercially reasonable efforts to
transition You to a substantially similar Cloud Software. If Cisco does not have a substantially similar
Cloud Service, then Cisco will credit You any unused portion of the prepaid fee for such Cloud
Service, calculated from the last date the Cloud Service is available. Such credit can be applied
towards the future purchase of Cisco products.
Section 6. General Provisions
a. Audit. During the license term for the Software and for a period of three (3) years after its
expiration or termination, you will take reasonable steps to maintain complete and accurate
records of Your use of the Software sufficient to verify compliance with this Agreement. No more
than once per twelve (12) month period, You will allow Cisco and its auditors the right to examine
such records and any applicable books, systems (including Cisco product(s) or other equipment),
and accounts, upon reasonable advanced notice, during Your normal business hours. If the audit
discloses underpayment of license fees, You or Your Approved Source will pay such license fees
plus the reasonable cost of the audit within thirty (30) days of receipt of written notice.
b. Survival. Sections 1.b, 3, 5, 6.a, 6.b, 6.d, 6.g shall survive termination or expiration of this
Agreement.
c. Subcontracting. We may also subcontract any performance associated with the Software to third
parties. Any such subcontract will not relieve Cisco of any of its obligations under this Agreement.
US Government End Users. The Software and Documentation are "commercial items," as defined at
Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer
software" and "commercial computer software documentation" as such terms are used in FAR 12.212.
Consistent with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and Defense
Federal Acquisiti -1 through 227.7202-4, and
notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which
this Agreement may be incorporated, Government end users will acquire the Software and
Documentation with only those rights set forth in this Agreement. Any license provisions that are
inconsistent with federal procurement regulations are not enforceable against the U.S. Government.
d. Modifications. As our business evolves, we may change this Agreement or any of its components
(except an Order). Changes to the Agreement will only apply to future Orders.
Attachment A, Exhibit 1: Page 28 of 37
e. Compliance with Law. You will comply with all applicable laws and regulations related to Your
receipt and use of the Software. You must ensure You have the right to use all features of the
Software in Your jurisdiction. Cisco will comply with all applicable laws in the provision of the Software
to You. We may restrict the availability of the Software in any particular location or modify or
discontinue features to comply with applicable laws and regulations. Cisco may also share
requests found at http://www.cisco.com/c/en/us/about/trust-transparency-
center/validation/report.html.
f. Integration. If any portion of this Agreement is not enforceable, it will not affect any other terms.
Except as expressly stated in a signed agreement, this Agreement, together with any Supplemental
Terms is the complete agreement between the parties with respect to the Software and supersedes
all prior or contemporaneous communications, understandings or agreements (whether written or
oral) regarding this subject matter. In the event of any conflict, the order of precedence is: i)
Supplemental Terms; ii) this Agreement; then iii) any applicable policies referenced in this
Agreement. The parties agree that the English version of the Agreement will govern in the event of a
conflict between it and any version translated into another language.
Definitions
means data related to Your employees or representatives to administer or
manage Your use of the Software. Administrative Data may include Personal Data and information about
our contractual commitments, whether collected at the time of the initial registration or thereafter.
means Cisco or a Cisco authorized reseller, distributor or systems integrator,
including a Fulfillment Partner under the NASPO ValuePoint Master Agreement Terms and Conditions.
Authorized User ls authorized by You to access the Software.
means Cisco Systems, Inc. or its applicable affiliate, the Contractor under
the NASPO ValuePoint Master Agreement Terms and Conditions.
means any Cisco-provided content or data including, but not limited to, geographic and
domain information, rules, signatures, threat intelligence or other threat data feeds, suspicious URLs and
IP address data feeds.
Cloud Software -hosted software offering as described in the applicable Cloud Offering
Description purchased by You.
Confidential Information -public confidential or proprietary information of the disclosing
party that is clearly marked confidential or should be reasonably assumed as confidential given the nature
of the information and the circumstances of disclosure.
Customer means Purchasing Entity Data in the NASPO ValuePoint Master Agreement Terms
and Conditions.
means Telemetry Data and Statistical Data.
Documentation isco user or technical manuals, training materials, specifications, privacy
data sheets, or other information applicable to the Software.
Entitlement
product ID (PID
accidents, severe weather events, acts of God, actions of any government agency, epidemic, pandemic,
acts of terrorism, or the stability or availability of the Internet or a portion thereof.
means the additional terms and conditions applicable to the specific cloud-
hosted Software licensed under this Agreement (located here).
Order
duration, type/product ID (PID) and quantity of Software to be provided and the associated fees.
Attachment A, Exhibit 1: Page 29 of 37
has the same meaning in the NASPO ValuePoint Master Agreement Terms and
Conditions.
means the Supplemental End User License Agreement containing additional terms and
conditions for the on-premise Software licensed under this Agreement (located here).
Software
downloadable file, delivered on physical media, pre-installed on the on-premise computer system,
resident in ROM/Flash (system memory) or cloud-hosted purchased from an Approved Source. Software
may be either Embedded Software or Cloud Software.
means any information/data that Cisco derives from Customer Data and/or Telemetry
Data, provided that such information/data is aggregated and/or de-identified such that it cannot
reasonably be used to identify an individual or entity.
means information generated by instrumentation and logging systems created through
the use and operation of Cisco products and services.
Upgrades
modifications to the Software.
Use Using e Software
You Your
ValuePoint Master Agreement Terms and Conditions and applicable Participating Addendum.
Attachment A, Exhibit 2: Page 30 of 37
Exhibit 2 -Additional Contractor Terms and Conditions
Services Exhibit
This Services Exhibit governs all Orders for Services placed under the NASPO Master Agreement
Terms and Conditions ("NASPO Master Agreement"). This Services Exhibit consists of the terms set
forth in Exhibit 2 (including its attachments) and the Service Description Purchasing Entity may elect
to purchase.
1. DEFINITIONS
Terms not defined in the body of the NASPO Master Agreement are those set out in the Glossary of
Terms at the end of this Exhibit 2.
2. SCOPE
This Exhibit describes the terms and conditions for (a) Direct Purchases from Cisco by Customer of
Services, and (b) delivery by Cisco of the Services according to the options ordered by Customer or
otherwise provided by Cisco to Customer. Cisco will provide Services for Products and Customer will
be entitled to receive Services for which (i) the applicable Services fees have been paid, (ii) a valid
Software license has been granted and (iii) Customer provides information requested by Cisco such
as valid serial numbers, site location, contract number, and Product type.
3. PRICING
For direct purchases from Cisco, and subsequent Equipment List renewals, prices for Services shall
be those specified in Cisco's then-current Price List less any applicable contract discount in effect
under the NASPO Master Agreement at the time of acceptance of the Purchase Order by Cisco, or
(b) those set forth in a written price quotation submitted by Cisco or its Fulfilment Partner, if at or
below the stated contract discount. All stated prices are exclusive of taxes, fees, and duties or other
amounts in accordance with the NASPO Master Agreement. Any taxes related to Services purchased
pursuant to this Agreement shall be paid by Customer or Customer shall present an exemption
certificate acceptable to the taxing authorities. Applicable taxes shall be billed as a separate item on
the invoice, to the extent possible. In the event that Customer is unable to provide valid and
applicable serial number(s) for Product and Cisco agrees to provide Services, then Service fees
payable by Customer shall be at Cisco's then-current time and materials or non-contract service
rates. Subject to the price discount floor established by Cisco under the NASPO Master Agreement,
for indirect purchases, Fulfillment Partners are free to determine their resale prices unilaterally.
Customer understands that no employee or representative of Cisco or anyone else has any authority
to determine such resale prices, or to limit the Fulfillment Partners' pricing discretion with respect to
Services
In the event that Customer is unable to provide valid and applicable serial number(s) for Product and
-
current time and materials or non contract service rates.
4. INVOICING
Fees for Services, other than those for which a SOW is required, shall be invoiced in advance of
delivery of Services. The timing of invoices for Services provided pursuant to a SOW shall be set
forth in the respective SOW.
5. TERM AND TERMINATION
a. The term of an Equipment List shall commence on the date set forth on such Equipment List,
which may be up to sixty (60) days following the date of Purchase Order acceptance. The term
of an Equipment List shall be for a period of one year and shall be renewed automatically for
Attachment A, Exhibit 2: Page 31 of 37
successive one year terms, unless either party notifies the other of its intent to terminate at least
sixty (60) days prior to the expiration of the then current one year term.
b. The term of each SOW shall be stated in the SOW.
c. Any Equipment List or SOW may be terminated if Services fees are not paid when due and
payment has not been received within thirty (30) days after notice from Cisco of such past due
payment, or otherwise in accordance with the termination provisions set out in the Agreement.
d. Cisco reserves the right to make changes to the scope and content of the Services or part thereof,
including terminating the availability of a given Service, at any time upon thirty (30) days' prior
notice. Such changes will become effective upon renewal of the affected Equipment Lists and
SOWs. If Customer does not agree to a change of scope or content, Customer may terminate any
affected Equipment List or SOW by notifying Cisco at least sixty (60) days prior to the expiration
of the then current one year term of the Equipment List or SOW. In such case, Cisco shall continue
to provide Services until the next expiration date of the affected Equipment List or SOW.
e. Upon termination of any Equipment List, or SOWs, Customer shall pay Cisco for all work
performed under the affected Equipment Lists or SOWs up to the effective date of termination at
the agreed-upon prices, fees, and expense reimbursement rates.
f. Firm Orders for Services under this Services Exhibit placed and accepted prior to expiration of
the contract term, (even if involving a multi-year commitment) remain valid in accordance with the
contract terms which shall remain binding as to such prior orders only for the term stated therein,
and shall not otherwise constitute an extension of the NASPO Master Agreement and this
Services Exhibit for any other Services.
6. [INTENTIONALLY LEFT BLANK]
7. LICENSES
a.
Service Description or SOW, and the End User License Agreement (EULA) set forth in Exhibit 1,
Cisco grants to Customer a worldwide, non-exclusive and non-transferable license to use for
in object code form; (ii) other Deliverables specified in an applicable AS Service Description or
Licensed
Materials In addition, Cisco grants to Customer a right to modify and create derivative works of
any Scripts provided by Cisco to Customer pursuant to this Services Exhibit, solely for
internal business use. These license grants do not include the right to sublicense; provided that
Customer may permit its suppliers, subcontractors and other related third parties to use the
ensures that any such use is subject to license restrictions and confidentiality obligations at least
as p Agreement.
b. Nothing in this Agreement, any AS Service Description or any SOW shall alter or affect the
Intellectual Property rights and/or licenses provided with any Cisco Products.
c. Customer hereby grants to Cisco a perpetual, irrevocable, royalty free, worldwide right and license
to all Intellectual Property in the Customer Feedback (as defined below) to use and incorporate
Customer Feedback into any Services, Products, Deliverables, Data Collection Tools, Reports,
Scripts or Cisco Pre-Existing Technology, and to use, make, have made, offer to sell, sell, copy,
distribute and create derivative works of such Customer Feedback for any and all purposes
whatsoever, and Customer acknowledges and agrees that it will obtain no rights in or to any
Services, Products, Deliverables, Data Collection Tools, Reports, Scripts or Cisco Pre-Existing
Agreemen Customer Feedback
improvements or changes to any Services, Products, Deliverables, Data Collection Tools, Reports,
Scripts or Cisco Pre-Existing Technology that Customer provides to Cisco.
Attachment A, Exhibit 2: Page 32 of 37
8. OWNERSHIP
a. Each party will retain the exclusive ownership of all its pre-existing Intellectual Property,
Confidential Information and materials, including, without limitation, proprietary ideas, sketches,
diagrams, text, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods,
processes, identifier codes or other technology that are owned by a party prior to commencement
of any Services hereunder, or that are otherwise developed by or for such party outside the scope
Pre-Existing Technology
b. Except as otherwise expressly set forth in applicable SOW, Cisco owns and will continue to own
all right, title and interest in and to the Services, Products, Deliverables, Data Collection Tools,
Reports, Scripts, sketches, diagrams, text, know-how, concepts, proofs of concepts, artwork,
software, algorithms, methods, processes, identifier codes or other technology provided or
developed by Cisco (or a third party acting on behalf) pursuant to this Agreement, including
modifications, enhancements, improvements or derivative works of any of the foregoing,
regardless of who first conceives or reduces to practice, and all Intellectual Property in any of the
Cisco Intellectual Property
c. As between Customer and Cisco, Customer shall at all times retain all right, title and interest in
and to all of Pre-Existing Technology and all Intellectual Property that is developed by
Intellectual
Property. Third Party Products shall at all times be owned by the applicable third party, and will
be subject to any applicable third party license terms.
9. SUBCONTRACTING
Cisco reserves the right to subcontract Services to a third-party organization to provide Services to
Customer. Any such subcontract shall not relieve Cisco of any of its obligations under this Services
Exhibit or the NASPO Master Agreement.
Attachment A, Exhibit 2, Attachment 1: Page 33 of 37
EXHIBIT 2 -- ATTACHMENT 1
GLOSSARY OF TERMS
Additional Services means installation of new Hardware, system additions, Hardware upgrades,
dispatch of a field engineer, or non-mandatory engineering changes.
Advance Replacement means shipment of replacement Field-Replaceable Unit (FRU) before receiving
failed or defective FRU.
Advanced Services means the Services set forth in the AS Service Description(s) found at
http://www.cisco.com/go/servicedescriptions and/or SOW(s) selected by the Customer. Advanced
Services does no
Application Services, nor does it apply to the purchase, support or maintenance of any Products.
Advanced Services Engineer means the Cisco engineer appointed to be the main point of contact for a
Customer purchasing Advanced Services.
Application Software means non-resident or standalone Software Products listed on the Price List that
include but are not limited to Cisco Systems® Network management Software, security Software, IP
telephony Software, Internet appliance Software, Cisco® Intelligent Contact Management Software, IP
Contact Center Software, and Cisco Customer Interaction Suite Software.
AS Service Descriptions mean the description of the Advanced Services available from Cisco, which
are available at http://www.cisco.com/go/servicedescriptions and which are incorporated in this
Agreement by reference.
Authorized Channel means a system integrator, distributor or reseller authorized by Cisco to sell
Services.
Business Days means the generally accepted days of operation per week within the relevant region
where the Services shall be performed, excluding local holidays as observed by Cisco.
Cisco means Contractor under the NASPO Master Agreement.
Customer means Purchasing Entity under the NASPO Master Agreement.
Data Collection Tools means Hardware and/or Software tools that support Cisco's ability to provide
troubleshooting on cases, data analysis, and report generation capabilities as part of the Advanced
Services.
Depot Time or Local Time means Central European Time for Services provided in Europe-Middle-East
d Time
for Services provided in Japan, and Pacific Standard Time for Services provided in all other locations.
Deliverable(s) means, with respect to each AS Service Description and/or SOW, the items to be
delivered by Cisco to Customer as set forth in an applicable AS Service Description and/or SOW,
including, without limitation, any Software, Reports, Data Collection Tools, and/or Scripts.
Device Type means a Cisco supported Hardware Product (for example, Cisco Catalyst® 6509 Switch,
GSR 12000 and Cisco 7200 Series Router).
Direct Purchases means purchases of Services by Customer directly from Cisco.
Equipment List means the list of Hardware and/or Software for which Cisco provides services.
Event means notification by Customer of its performance of a planned Network Hardware, Software, or
configuration change.
Feature Set Upgrade means a separately licensed and priced Software release that contains an
enhanced configuration or feature set.
Attachment A, Exhibit 2, Attachment 1: Page 34 of 37
Field-Replaceable Unit (FRU) means any component or subassembly of an item or unit of Hardware that
reasonably can be replaced at Customer's location. FRUs also may be subject to size and weight
limitations.
Four-hour Response means:
(i) For Advance Replacement Service, the four-hour time period commences upon the Cisco problem
diagnosis and determination that a FRU is required and ends when the FRU is delivered onsite.
(ii) For onsite service, the four-hour time period commences upon the Cisco problem diagnosis and
determination that remedial onsite service is required and ends when Cisco personnel arrive onsite.
Indirect Purchases means purchases of Services by Customer through an Authorized Channel.
Intellectual Property means any and all tangible and intangible: (i) rights associated with works of
authorship throughout the world, including but not limited to copyrights, neighboring rights, moral rights,
and mask works, and all derivative works thereof, (ii) trademark and trade name rights and similar rights,
(iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, (v) all other
intellectual and industrial property rights (of every kind and nature throughout the world and however
designated) whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations,
initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in
force (including any rights in any of the foregoing).
Level 1 means support that is defined as having the necessary technical staff (Cisco or Cisco-authorized
reseller) with appropriate skill, perform installations, Remedial Hardware Maintenance, and basic
Hardware and Software configuration on Cisco Products.
Level 2 means support that is defined as having the necessary technical staff with the appropriate skills
to perform isolation, replication and diagnosis of internet-based problems on Cisco Product(s). Customer
shall not report Software bugs to Cisco prior to attempting to identify the source of such bugs and testing
in Customer's Network where appropriate. If the Customer cannot duplicate the bug in Customer's
Network, Customer and Cisco shall cooperate in attempting to replicate and resolve related Software
bugs in either Customer's or Cisco's test facility as mutually agreed. In all cases Customer will address
Software bugs on a best effort basis to replicate same in Customer's Network and document activity to
Cisco before seeking further resolution with Cisco's participation.
Local Time means local time on Business Days.
Maintenance Release means an incremental Software release that provides maintenance fixes and may
provide additional Software functions. Cisco designates Maintenance Releases as a change in the digits
to the right of the tenths digit or of the hundredths digit of the Software version number [x.x.(x) or
x.x.x.(x)].
Major Release means a release of Software that provides additional software functions. Cisco
designates Major Releases as a change in the ones digit of the Software version number [(x).x.x].
Minor Release means an incremental release of Software that provides maintenance fixes and additional
Software functions. Cisco designates Minor releases as a change in the tenths digit of the Software
version number [x.(x).x].
Network means a set of interconnected and interworking Cisco supported Hardware and Software that is
implemented, operated, and supported by Customer from a single network operations center (NOC).
Network Infrastructure means your core transport and aggregation Network technology (for example,
metro optical, ATM/Frame Relay, IP core and Cisco security devices including, but not limited to, Firewall,
IDS and VPN3000).
Network Infrastructure Size means the total value of Products in Customer's Network based on the
global list price of the Products that Customer has purchased.
Remedial Hardware Maintenance means diagnosis and onsite replacement of Hardware components
with FRUs.
Attachment A, Exhibit 2, Attachment 1: Page 35 of 37
Reports means reports, recommendations, network configuration diagrams, and related non-Software
Deliverables provided by Cisco to Customer pursuant to this Agreement.
Scripts means software scripts, macros and batch files provided by Cisco to Customer pursuant to this
Agreement.
Services means one or more of the services options selected by the Customer in its Purchase Order and
described at: http://www.cisco.com/go/servicedescriptions
Services Descriptions mean the detailed descriptions of the Services purchased by Customer which are
incorporated into this Services Exhibit by reference.
Standard Business Hours means (i) 8:00 AM to 5:00 PM, Depot time, on Business Days for
replacement of failed Products and (ii) 8:00 AM to 5:00 PM, Local Time at location of the respective Cisco
TAC, on Business Days for case handling of TAC calls.
TAC means the Cisco Technical Assistance Center.
Technical Support Services means Services that provide both essential proactive and reactive operation and
maintenance support Services identified as Technical Support Services at
http://www.cisco.com/go/servicedescriptions.
Technology Application means specific technologies including, but not limited to, content networking,
broadband, and IP telephony that do not operate at the Network Infrastructure level.
Third Party Products means third party hardware and/or software, and all upgrades/updates thereto,
that are designated by Cisco as required for:
(i) The operation of Application Software in conformance with Cisco applicable Application Software
Documentation; and
(ii) Cisco support of the Application Software.
Transactional Advanced Services means the project related or consultancy Services sold under a
Statement of Work.
Two-hour Response means:
(i) For Advance Replacement, the two-hour time period commencing wi
and determination that a FRU is required and ending when the FRU is delivered onsite.
(ii) For onsite service, the two-hour time period commencing with our problem diagnosis and
determination that remedial onsite service is required and ending when Cisco personnel arrive
onsite.
Update means Cisco Software Maintenance Releases, Minor Releases and Major Releases containing
the same configuration or feature set as originally acquired, unless the Customer has upgraded the
applicable Hardware or Software to a configuration or feature set other than what was originally acquired,
and the applicable license fee for that upgrade has been paid. Updates do not include Feature Set
Upgrades.
Attachment A, Exhibit 2, Attachment 2: Page 36 of 37
EXHIBIT 2 -- ATTACHMENT 2
CISCO SEVERITY AND ESCALATION GUIDELINES
Customer shall assign a severity to all problems submitted to Cisco.
Severity 1
operation. Customer and Cisco both will commit full-time resources to resolve the situation.
Severity 2 means operation of an existing Network is severely degraded or significant aspects of
Customer and Cisco both will commit full-time resources during Standard Business Hours to resolve the
situation.
Severity 3 means operational performance of the Network is impaired, although most business
operations remain functional. Customer and Cisco both are willing to commit resources during Standard
Business Hours to restore service to satisfactory levels.
Severity 4 means information is required on Application Software capabilities, installation, or
h are
willing to provide resources during Standard Business Hours to provide information or assistance as
requested.
If you do not believe that adequate progress is being made or that the quality of Cisco service is
satisfactory, we encourage you to escalate the problem to the appropriate level of management by asking
for the TAC duty manager.
Cisco Escalation Guideline
Elapsed Time* Severity 1 Severity 2 Severity 3 Severity 4
1 hour Customer
Engineering
Manager
4 hours Technical
Support Director
Customer
Engineering
Manager
24 hours Vice President,
Customer
Advocacy
Technical
Support Director
48 hours President/CEO Vice President,
Customer
Advocacy
72 hours Customer
Engineering
Manager
96 hours President/CEO Technical
Support Director
Customer
Engineering
Manager
*Severity 1 escalation times are measured in calendar hours 24 hours per day, 7 days per week.
Severity 2, 3, and 4 escalation times correspond with Standard Business Hours.
Attachment A, Exhibit 2, Attachment 3: Page 37 of 37
EXHIBIT 2 -- ATTACHMENT 3
SERVICES NOT COVERED
Services that are not expressly set forth in the applicable Service Description or Statement of Work
document are not covered under such Service Description or Statement of Work, including, without
limitation, the following:
1. Services are only provided for generally available Products and Software releases/versions, unless
agreed otherwise.
2. Any customization of, or labor to install, Software and Hardware (including installation of Updates).
3. Furnishing of supplies, accessories or the replacement of expendable parts (e.g., cables, blower
assemblies, power cords, and rack mounting kits).
4. Electrical or site work external to the Products.
5.
by Cisco.
6. Service for Hardware that is installed outdoors or that is installed indoors but requires special
equipment to perform such Service.
7. Hardware replacement in quantities greater than three (3) FRUs, including those replacements due to
pervasive issues documented in an engineering change notice or field alert unless End User has
troubleshot failed Hardware down to the FRU level.
8. Services performed at domestic residences.
9. Support or replacement of Product that is altered, modified, mishandled, destroyed or damaged by
one or more of the following: (a) natural causes; (b) environmental failures; (c) your failure to take any
required actions; (d) a negligent or willful act or omission by you or use by you other than as specified
in the applicable Cisco-supplied documentation; or (e) an act or omission of a third party.
10. Services or software to resolve Software or Hardware problems resulting from third party product or
document.
11. Services for non-Cisco Software installed on any Cisco Product.
12. Any Hardware or third party product upgrade required to run new or updated Software.
13. Erasure or other removal of any customer or third party data on Products (or parts thereof) returned,
repaired or otherwise handled by Cisco.
14. Additional Services are provided at the then-current time and materials rates.
15. Except as otherwise agreed, Software entitlement, including media, documentation, binary code,
source code or access in electronic or other form is not provided. In addition, except as otherwise
provided, no right, use or license to our Software is granted and you acknowledge and agree that you
obtain no such rights.
16. Application Software is not supported as part of the SMARTnet support services provided by Cisco
and is only supported under a separate service description.
The non-entitlement policies posted at http://www.cisco.com/go/warranty are hereby incorporated into this
Agreement by this reference.
Capitalized terms are defined in the Glossary of Terms, or may be as set forth in the applicable Service
Description or Statement of Work.
Attachment B: Page 1 of 11 Att
Attachment B Scope of Services Awarded to Contractor
I.Data Communications Award Categories
The scope for this contract is as provided below. Contractor may offer products (i.e. white box, artificial
intelligence, etc.) and services within the Categories it received an award in. Each category also allows for
Internet of Things (IoT) products. These products must be an IoT product that can be deployed within,
needs. Proposals are expected to include IoT products designed to support common government lines of
business in specific subcategories i.e. routers, switches, end points, etc. IoT products can only be provided
in categories that the vendor is awarded in and can include endpoints that support items in that category.
Category 1.1: UNIFIED COMMUNICATIONS (UC).
A set of products that provides a consistent unified user interface and user experience across multiple
devices and modes of communications. Unified Communications that is able to provide services such as
session management, voice, video, messaging, mobility, and meeting solutions (i.e., web, audio, IM&P,
file sharing, white boarding, guest support, etc.). It can provide the foundation for advanced unified
communications capabilities of IM and presence-based services and extends telephony features and
capabilities to packet telephony network devices such as IP phones, media processing devices, Voice over
IP (VoIP) gateways, and multimedia applications. Additional services, such as unified messaging,
multimedia conferencing, collaborative contact centers, and interactive multimedia response systems, are
made possible through open telephony APIs. General UC solution capabilities should include:
High Availability for Call Processing
Hardware Platform High Availability
Network Connectivity High Availability
PSTN Access resiliency
Call Processing Redundancy
Optional Branch Office Survivability Services
1.1.1 IP Telephony
call setup and teardown, and telephony features) over IP, instead of using circuit-switched or other
modalities. Capabilities should include:
Support for analog, digital, and IP endpoints
Centralized Management
Enterprise Telephony Features (CFx, Transfer, CID, Shared line appearance, One Number
Service, etc.)
Provide basic hunt group and call queuing capabilities
Flexibility to configure queue depth and hold time, play unique announcements and Music on
Hold (MoH), log in and log out users from a queue and basic queue statistics (from the phone
E911 Support
o National E911 Routing Services (proper PSAP routing when PSTN access is centralized)
o 911 Device Tracking Services
o 911 On-Site Notification Services
1.1.2 Instant messaging/ Presence
within the enterprise, and remotely, as well as with guest users that offers quick transmission of text-
based messages from sender to receiver. In push mode between two or more people using personal
computers, Desktop (Windows/Mac/VDI/Linux), Mobile/Smartphone, Tablet, along with shared clients,
instant messaging basically offers real-time direct written language-based online chat. Instant messaging
may also provide video calling, file sharing, PC-to-PC voice calling and PC-to-regular-phone calling.
Attachment B: Page 2 of 11 Att
IM Persistency / Workstream Collab
File Sharing Services, Desktop Sharing Services
1.1.3 Unified messaging
(e-mail, SMS, Fax, voicemail, video messaging, etc.) technologies into a single interface, accessible from
a variety of different devices.
Ability to access and manage voice messages in a variety of ways, using email inbox, Web
browser, desktop client, VoIP phone, or mobile phone
Visual Voicemail Support (Optional)
ASR / Transcription Services for recorded messages
1.1.4 Contact Center -based system that provides call and contact routing for high-
-time
contact management system. The definition includes all contact center systems that provide inbound
contact handling capabilities, outbound call/contact center and automatic contact distribution, combined
with a high degree of sophistication in terms of dynamic contact traffic routing management.
1.1.5 Communications End Points and Applications
Attendant Consoles (Telephone Station)
IP Phones (desktop devices and accessories)
Room Based Conferencing Endpoints (Conf Phones, SparkBoard, JamBoard, Surface Hub)
1.1.6 UC Network Monitoring -to-end service management for Unified
Communications. Capabilities include testing, performance monitoring, configuration management,
accounting/billing, analytics (capacity planning), contact center specialized reports (utilization, queue KIIs,
call abandonment rations, etc.), and business intelligence reporting.
1.1.7 Collaboration
ware or
hardware.
1.1.8 Collaborative Video A set of immersive video technologies that enable people to feel or appear
as if they were present in a location that they are not physically in. Immersive video consists of a multiple
codec video system, where each
see/talk to every other member on a screen (or screens) as if they were in the same room and provides
call control that enables intelligent video bandwidth management.
1.1.9 Content Delivery Systems (CDS) A large distributed system of servers deployed in multiple
data centers connected by the Internet. The purpose of the content delivery system is to serve content
to a very large number of end-users (i.e., quarterly all hands meetings/webinar) with high availability and
high performance. CDSs serve content over the Internet, including web objects (text, graphics, URLs, and
scripts), downloadable objects (media files, software, documents), applications (e-commerce, portals),
live streaming media, on-demand streaming media, and social networks.
Category 1.2: NETWORKING.
1.2.1 Network Application Services.
Application networking solutions and technologies that enable the successful and secure delivery of
applications to local, remote, and branch-office users using technology to accelerate, secure, and increase
availability of both application traffic and computing resources.
Attachment B: Page 3 of 11 Att
1.2.1.1 Virtualized Load Balancers
and/or application traffic across multiple servers to improve the concurrent user capacity and overall
reliability of applications. Capabilities should include:
SSL (Secure Sockets Layer) Off-loading
Caching capabilities
Layer 4 Load Balancing
Layer 7 Load Balancing
Detailed Reporting
Supports multiple load balancers in the same system for multiple groups
Supports TLS1.2
1.2.1.2 WAN Optimization An appliance utilizing a collection of techniques for increasing data-transfer
efficiencies across wide-area networks (WAN). Capabilities should include:
CIFS (Common Internet File System) acceleration
Data Compression
SSL encryption/decryption for acceleration (Optional)
Layer 4-7 visibility
Application Specific optimization
Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages)
1.2.2 Networking Software.
Software that runs on a server, or within the Cloud, and enables the server to manage data, users, groups,
security, applications, and other networking functions. The network operating system is designed to allow
transfer of data among multiple computers in a network, typically a local area network (LAN), a private
network or to other networks. Networking software capabilities should include:
Restartable Process
High availability options
Targeted operating systems, i.e. DC, campus, core, wan, etc.
Operating System Efficiencies
Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log
messages).
1.2.2.1 Network Management and Automation
automation, cloud computing, and IT systems management.
1.2.2.2 Data Center Management and Automation and
automate manual tasks across servers, network, applications, and virtualized infrastructure.
1.2.2.3 Cloud Portal and Automation
policy-based controls for provisioning virtual and physical resources.
1.2.2.4 Branch Office Management and Automation ions for
management of branch offices. Capabilities include remote troubleshooting, device management, and
WAN performance monitoring.
1.2.3 Network Optimization and Acceleration.
Devices and tools for increasing data-transfer efficiencies across wide-area networks.
Attachment B: Page 4 of 11 Att
1.2.3.1 Data Analytics
issues related to congestion, such as utilization, service consumption and routing. Provides real-time
insights into network traffic to determine the value of different portions of that traffic.
1.2.3.2 Dynamic Load Balancing
of checks and calculations to determine which server can best service each client request in order to select
the server that can successfully fulfill the client request and do so in the shortest amount of time without
overloading either the server or the server farm as a whole.
1.2.3.3 WAN Acceleration
on a wide area network (WAN). Capabilities should include:
CIFS acceleration
Data Compression
SSL encryption/decryption for acceleration (Optional)
Layer 4-7 visibility
Application Specific optimization
1.2.3.4 High Availability and Redundancy Limits any disruption to network uptime should an
appliance face unforeseen performance issues. Transparently redistributes workloads to surviving cluster
appliances without impacting communication throughout the cluster.
1.2.4 Optical Networking.
High capacity networks based on optical technology and components that provide routing, grooming, and
restoration at the wavelength level as well as wavelength based services.
1.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches
systems designed for long haul and ultra long-haul optical networking applications.
1.2.4.2 Edge Optical Switches
networks.
1.2.4.3 Optical Network Management Provides capabilities to manage the optical network and allows
operators to execute end-to-end circuit creation.
1.2.4.4 IP over DWDM (IPoDWDM)
(Optical Transport Network).
Category 1.3: ROUTERS, SWITCHES, SECURITY, AND NETWORKING STORAGE.
1.3.1 Routers.
A device that forwards data packets along networks. A router is connected to at least two networks, commonly two
LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more
networks connect, and are the critical device that keeps data flowing between networks and keep the networks
connected to the Internet.
1.3.1.1 Branch Routers
numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan
acceleration, etc.
1.3.1.2 Network Edge Routers A specialized router residing at the edge or boundary of a network. This
router ensures the connectivity of its network with external networks, a wide area network or the Internet.
An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to
provide connectivity with remote networks.
Attachment B: Page 5 of 11 Att
1.3.1.3 Core Routers - High performance, high speed, low latency routers that enable Enterprises to
deliver a suite of data, voice, and video services to enable next-generation applications such as IPTV and
Video on Demand (VoD), and Software as a Service (SaaS).
1.3.1.4 Service Aggregation Routers
Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously
host resource-intensive integrated data, voice and video business and consumer services.
1.3.1.5 Carrier Ethernet Routers
suite of data, voice, and video services to enable next-generation applications such as IPTV, Video on
Demand (VoD), and Software as a Service (SaaS).
1.3.2 Security.
1.3.2.1 Data Center and Virtualization Security Products and Appliances Products designed to
protect high-value data and data center resources with threat defense and policy control.
1.3.2.2 Intrusion Detection/Protection and Firewall Appliances
network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes
Next-Generation Firewalls (NGFW), which offer a wire-speed integrated network platform that performs
deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances
should provide:
Non-disruptive in-line bump-in-the-wire configuration
Standard first-generation firewall capabilities, e.g., network-address translation (NAT), stateful
protocol inspection (SPI) and virtual private networking (VPN), etc.
Application awareness, full stack visibility and granular control
Capability to incorporate information from outside the firewall, e.g., directory-based policy,
blacklists, white lists, etc.
Upgrade path to include future information feeds and security threats
SSL decryption to enable identifying undesirable encrypted applications (Optional)
1.3.2.3 Logging Appliances and Analysis Tools Solutions utilized to collect, classify, analyze, and
securely store log messages.
1.3.2.4 Secure Edge and Branch Integrated Security Products
intrusion prevention for branches and the network edge. Products typically consist of appliances or
routers.
1.3.2.5 Secure Mobility Products
multiple mobile devices.
1.3.2.6 Encryption Appliances
transfer layer - above the data link level, but below the application level.
1.3.2.7 On-premise and Cloud-based services for Network Communications Integrity
that provide threat protection, data loss prevention, message level encryption, acceptable use and
application control capabilities to secure web and email communications. This could include cloud access
security brokers (CASBs) and DNS security.
1.3.2.8 Secure Access
personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should include:
Management visibility for device access
Self-service on-boarding
Attachment B: Page 6 of 11 Att
Centralized policy enforcement
Differentiated access and services
Device Management
1.3.3 Storage Networking.
High-speed network of shared storage devices connecting different types of storage devices with data
servers.
1.3.3.1 Director Class SAN (Storage Area Network) Switches and Modules -
performance, and protocol-independent designed primarily to fulfill the role of core switch in a core-edge
Fibre Channel (FC), FCOE or similar SAN topology. A Fibre Channel director is, by current convention, a
switch with at least 128 ports. It does not differ from a switch in core FC protocol functionality. Fibre
Channel directors provide the most reliable, scalable, high-performance foundation for private cloud
storage and highly virtualized environments.
1.3.3.2 Fabric and Blade Server Switches
with the Fibre Channel (FC) protocol. It allows the creation of a Fibre Channel fabric, which is currently the
core component of most SANs. The fabric is a network of Fibre Channel devices, which allows many-to-
many communication, device name lookup, security, and redundancy. FC switches implement zoning; a
mechanism that disables unwanted traffic between certain fabric nodes.
1.3.3.3 Enterprise and Data Center SAN and VSAN (Virtual Storage Area Network) Management -
Management tools to provisions, monitors, troubleshoot, and administers SANs and VSANs.
1.3.3.4 SAN Optimization Tools to help optimize and secure SAN performance (ie. Encryption of
data- at-rest, data migration, capacity optimization, data reduction, etc.
1.3.4 : Switches.
Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and
to filter and forward packets among them.
1.3.4.1 Campus LAN Access Switches
controls user and workgroup access to internetwork resources. The following are some of the features a
campus LAN access switch should support:
1. Security
a. SSHv2 (Secure Shell Version 2)
b. 802.1X (Port Based Network Access Control)
c. Port Security
d. DHCP (Dynamic Host Configuration Protocol) Snooping
2. VLANs
3. Fast Ethernet/Gigabit Ethernet
4. PoE (Power over Ethernet)
5. link aggregation
6. 10 Gb support
7. Port mirroring
8. Span Taps
9. Support of IPv6 and IPv4
10. Standards-based rapid spanning tree
11. NetFlow Support (Optional).
Attachment B: Page 7 of 11 Att
1.3.4.2 Campus LAN Core Switches
backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core
switches should provide:
High bandwidth
Low latency
Hot swappable power supplies and fans
Security
o SSHv2
o MacSec encryption
o Role-Based Access Control Lists (ACL)
Support of IPv6 and IPv4
1/10/40/100 Gbps support
IGP (Interior Gateway Protocol) routing
EGP (Exterior Gateway Protocol) routing
VPLS (Virtual Private LAN Service) Support
VRRP (Virtual Router Redundancy Protocol) Support
NetFlow Support.
1.3.4.3 Campus Distribution Switches
forward it to the core layer switches. Traffic that is generated at Layer 2 on a switched network needs to
be managed, or segmented into Virtual Local Area Networks (VLANs), Distribution layer switches
provides the inter-VLAN routing functions so that one VLAN can communicate with another on the
network. Distribution layer switches provides advanced security policies that can be applied to network
traffic using Access Control Lists (ACLs).
High bandwidth
Low latency
Hot swappable power supplies and fans
Security (SSHv2 and/or 802.1X)
Support of IPv6 and IPv4
Jumbo Frames Support
Dynamic Trunking Protocol (DTP)
Per-VLAN Rapid Spanning Tree (PVRST+)
Switch-port auto recovery
NetFlow Support or equivalent
1.3.4.4 Data Center Switches
data center by switching or routing good ones to their final destinations, and discard unwanted traffic
using Access Control Lists (ACLs) a minimum of 10 Gigabit speeds. High availability and modularity
differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should include:
High bandwidth
Low latency
Hot swappable power supplies and fans
Ultra-low latency through wire-speed ports with nanosecond port-to-port latency and hardware-
based Inter-Switch Link (ISL) trunking
Load Balancing across Trunk group able to use packet based load balancing scheme
Bridging of Fibre Channel SANs and Ethernet fabrics
Jumbo Frame Support
Attachment B: Page 8 of 11 Att
Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically
become a member
Ability to remotely disable and enable individual ports
Support NetFlow or equivalent
1.3.4.5 An application in SDN that manages flow control to
enable intelligent networking.
1.3.4.6 Software Defined Networks (SDN) - Virtualized Switches and Routers Technology utilized
to support software manipulation of hardware for specific use cases.
1.3.4.7 Software Defined Networks (SDN) Controllers - is an application in software-defined
networking (SDN) that manages flow control to enable intelligent networking. SDN controllers are based
on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SDN
controller lies between network devices at one end and applications at the other end. Any
communications between applications and devices have to go through the controller. The controller uses
multiple routing protocols including OpenFlow to configure network devices and choose the optimal
network path for application traffic.
1.3.4.8 Carrier Aggregation Switches Carrier aggregation switches route traffic in addition to
are:
Designed for Metro Ethernet networks
Designed for video and other high bandwidth applications
Supports a variety of interface types, especially those commonly used by Service Providers
Capabilities should include:
Redundant Processors
Redundant Power
IPv4 and IPv6 unicast and multicast
High bandwidth
Low latency
Hot swappable power supplies and fans
MPLS (Multiprotocol Label Switching)
BGP (Border Gateway Protocol)
Software router virtualization and/or multiple routing tables
Policy based routing
Layer 2 functionality
o Per VLAN Spanning Tree
o Rapid Spanning Tree
o VLAN IDs up to 4096
o Layer 2 Class of Service (IEEE 802.1p)
o Link Aggregation Control Protocol (LACP)
o QinQ (IEEE 802.1ad)
1.3.4.9 Carrier Ethernet Access Switches directly to the
customer or be utilized as a network interface on the service side to provide layer 2 services.
Hot-swappable and field-replaceable integrated power supply and fan tray
AC or DC power supply with minimum DC input ranging from 18V to 32 VDC and 36V to 72 VDC
Ethernet and console port for manageability
Attachment B: Page 9 of 11 Att
SD flash card slot for additional external storage
Stratum 3 network clock
Line-rate performance with a minimum of 62-million packets per second (MPPS) forwarding rate
Support for dying gasp on loss of power
Support for a variety of small form factor pluggable transceiver (SFP and SFP+) with support for
Device Object Model (DOM)
Timing services for a converged access network to support mobile solutions, including Radio
Access Network (RAN) applications
Support for Synchronous Ethernet (SyncE) services
Supports Hierarchical Quality of Service (H-QoS) to provide granular traffic-shaping policies
Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer-two convergence
Category 1.4: WIRELESS.
Provides connectivity to wireless devices within a limited geographic area. System capabilities should
include:
Redundancy and automatic failover
IPv6 compatibility
NTP Support
1.4.1 Access Points nnect
to a wired network using Wi-Fi, or related standards. Capabilities should include:
802.11a/b/g/n
802.11n
802.11ac
Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud
Architecture)
UL2043 plenum rated for safe mounting in a variety of indoor environments
Support AES-CCMP (128-bit)
Provides real-time wireless intrusion monitoring and detection
1.4.2 Outdoor Wireless Access Points
or other type of mount. During operations they can tolerate a wide temperature range, high humidity and
exposure to water, dust, and oil. Capabilities should include:
Flexible Deployment Options
Provides real-time wireless intrusion monitoring and detection
Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud
Architecture)
1.4.3 Wireless LAN Controllers -weight access
points in large quantities by the network administrator or network operations center. The WLAN controller
automatically handles the configuration of wireless access-points. Capabilities should include:
Ability to monitor and mitigate RF interference/self-heal
Support seamless roaming from AP to AP without requiring re-authentication
Support configurable access control lists to filter traffic and denying wireless peer to peer traffic
System encrypts all management layer traffic and passes it through a secure tunnel
Attachment B: Page 10 of 11Att
Policy management of users and devices provides ability to de-authorize or deny devices without
denying the credentials of the user, nor disrupting other AP traffic
Support configurable access control lists to filter traffic and denying wireless peer to peer traffic
1.4.4 Wireless LAN Network Services and Management
plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some
examples include wireless security, asset tracking, and location services. Capabilities should include:
Provide for redundancy and automatic failover
Historical trend and real time performance reporting is supported
Management access to wireless network components is secured
SNMPv3 enabled
RFC 1213 compliant
Automatically discover wireless network components
Capability to alert for outages and utilization threshold exceptions
mDNS
QoS / Application identification capability
1.4.5 Cloud-based services for Access Points -based management of campus-wide WiFi
deployments and distributed multi-site networks. Capabilities include:
Zero-touch access point provisioning
Network-wide visibility and control
RF optimization,
Firmware updates
1.4.6 Mobile Device Management (MDM) MDM technology utilized to allow employees to bring
personally owned mobile devices (laptops, tablets, and smart phones) to their workplace, and use those
devices to access privileged government information and applications in a secure manner. Capabilities
should include:
Ability to apply corporate policy to new devices accessing the network resources, whether wired
or wireless
Provide user and devices authentication to the network
Provide secure remote access capability
Support 802.1x
Network optimization for performance, scalability, and user experience
Category 1.5: FACILITY MANAGEMENT, MONITORING, AND CONTROL.
Technology utilized in the management, monitoring and control of facilities. Technologies include:
a. Access control systems
b. Detection/Identification systems, such as surveillance systems, closed circuit television
cameras, or IP camera networks and the associated monitoring systems.
c. Response systems such as alert systems, desktop monitoring systems, radios, and
digital signage.
d. Building and energy controls
Attachment B: Page 11 of 11Att
II. Value Added Services
For each Award Category above, the following valued services should also be available for procurement
at the time of product purchase or anytime afterwards. This provided list of value added services is not
intended to be exhaustive, and may be updated pursuant to the terms of the resulting Master Agreement
2.1 Maintenance Services
hardware coverage, and smart, proactive device diagnostics for hardware.
2.2 Professional Services
a. Deployment Services
i. Survey/ Design Services Includes, but not limited to, discovery, design, architecture
review/validation, and readiness assessment.
ii. and
configuration or end-to-end integration and deployment.
iii.
readiness, identify ways to increase efficiencies throughout the network, and optimize
s and service management.
b.
management, problem management, change management, and utilization and performance
reporting that may be on a subscription basis.
c. Consultin reliability,
d.
roadmaps for
management.
e. Statement of Work (SOW) Services Customer-specific tasks to be accomplished and/or services
requirements.
f.Testing Services Includes, but not limited to, testing the availability, reliability, security and
solutions
2.3 Services Fulfillment Partners.
a. Subject Fulfillment Partner, many
Fulfillment Partners can also offer and provide some or all of the Services as listed above at
competitive pricing, along with local presence and support. Contractor, as the prime, has sole
discretion to determine what Services as listed above may be provided by the Fulfillment
Partners. As the primary Contractor (OEM), Contractor is ultimately responsible for the service
and performance of its Fulfillment Partners. Customers may have the option to purchase the
Services to be directly delivered by Contractor (OEM) or its certified Fulfillment Partners.
2.4 Training including but not
limited to designing, implementing, operating, configuring, and troubleshooting network systems
pertaining to items provided under the master agreement.
Attachment C: Page 1 of 1 Att
Contractor
Cisco Systems, Inc.
Section 1: Pricing
Notes
1. % discounts are based on minimum discounts off Contractor's commercially published pricelists versus fixed pricing.
as the ability to update and
2. Minimum guaranteed contract discounts do not preclude Contractor and/or its Fulfillment Partners from
providing deeper or additional, incremental discounts at their sole discretion.
3. Purchasing Entities shall benefit from any promotional pricing offered by Contractor to similar customers.
Promotional pricing shall not be cause for a permanent price change.
4. Contractor's price catalog shall only include offers that are in contract scope and within the awarded categories.
Quotes to eligible Purchasing Entities shall be based on the approved price catalog as posted on the NASPO
website as well as the mandatory contract webpage.
Section 2: Minimum Discount % off List
Category 1.1 Unified Communications (UC)
Hardware and Software (on premise) 35.00%
Cloud Services 10.00%
Service Packages (i.e., Maintenance, etc.) 10.00%
Category 1.2 Networking
Hardware and Software (on premise) 35.00%
Cloud Services 10.00%
Service Packages (i.e., Maintenance, etc.) 10.00%
Category 1.3 Routers, Switches, Secuirty, and Networking Storage
Hardware and Software (on premise) 35.00%
Cloud Services 10.00%
Service Packages (i.e., Maintenance, etc.) 10.00%
Category 1.4 Wireless
Hardware and Software (on premise) 35.00%
Cloud Services 10.00%
Service Packages (i.e., Maintenance, etc.) 10.00%
Category 1.5 Facility Management, Monitoring, and Control
Hardware and Software (on premise) 35.00%
Cloud Services 10.00%
Service Packages (i.e., Maintenance, etc.) 10.00%
Section 3: Value Added Services
Hourly Rates
Weekday Weekend State Holiday
Title Job Description Onsite Remote Onsite Remote Onsite Remote
Maintenance Services
$600.00
$525.00
$600.00
$525.00
$600.00
$525.00
Professional Services i.e. Cisco Advanced Services, IoT, NTE
$743.17
$661.17
$743.17
$661.17
$743.17
$661.17
Deployment Services
i.e. Cisco Implementation Services, IoT,
NTE
$743.17
$661.17
$743.17
$661.17
$743.17
$661.17
Consulting Advisory Services i.e. Cisco Advisory Services, IoT, NTE $743.17 $661.17 $743.17 $661.17 $743.17 $661.17
Architectural Design Services i.e. Cisco Advanced Services, IoT, NTE
$743.17
$661.17
$743.17
$661.17
$743.17
$661.17
Statement of Work Services
i.e. Cisco Advanced Services, IoT, NTE
$743.17
$661.17
$743.17
$661.17
$743.17
$661.17
Partner Services
Basic Install & Config Only (i.e. rack &
stack, cabling, etc.), IoT, NTE
$600.00
$525.00
$600.00
$525.00
$600.00
$525.00
Training Deployment Services
i.e. Software Adoption, Cisco Training
Services, NTE
$600.00
$525.00
$600.00
$525.00
$600.00
$525.00
CMS # 172938
Contract Number: 172938 Page 1 of 31 Version 120120
PARTICIPATING ADDENDUM
to NASPO ValuePoint
Data Communications
Administered by the State of Utah
with Cisco Systems, Inc.
Master Agreement No. AR3227
And
The State of Colorado
Contract # CMS Record No.
1. PARTIES AND SCOPE
This Participating Addendum, including all of its attached exhibits and other documents
incorporated by reference (the “Participating Addendum”), is entered into by and between Cisco
Systems, Inc. (the “Contractor”), and the State of Colorado (the “State”). This Participating
Addendum covers participation in the Data Communications Master Agreement led by the State
of Utah (the “Master Agreement”), for use by State agencies and other entities located in Colorado
which are authorized by law to utilize State contracts with the prior approval of the State
Purchasing Director. The specific Goods and Services provided under the Master Agreement are
listed in Exhibit C Products and Price List of this agreement.
2. PARTICIPATION
Agencies, political subdivisions and other entities (including cooperatives) located in the State of
Colorado authorized by the State’s statutes to use State contracts may make purchases under this
Participating Addendum as of its Effective Date. Issues of interpretation and eligibility for
participation are solely within the authority of the Chief Procurement Officer.
3. STATE MODIFICATIONS TO MASTER AGREEMENT AND APPLICABILITY
To the extent not modified by this Participating Addendum and all its exhibits, the Master
Agreement and all its terms and conditions shall apply to this Participating Addendum. If any term
of this Participating Addendum conflicts with the Master Agreement, then this Participating
Addendum shall control for all transactions between the State and the Contractor under this
Participating Addendum. All terms defined in the Master Agreement shall have the meaning given
to them in the Master Agreement, except for those terms specifically defined differently in this
PARTICIPATING ADDENDUM.
4. LEASE AGREEMENTS Contractor’s Master Agreement which allows for leasing under
Attachment A, Section 45 is approved for use by the Participating State. The terms and
conditions of the capital lease or financing arrangement will be separately negotiated and set
forth in an agreement between the purchaser and either Cisco Capital or its designated financing
partner.
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Contract Number: 172938 Page 2 of 31 Version 120120
5. PRIMARY CONTACTS AND PERSONNEL RESPONSIBILITIES
The primary contacts for this Participating Addendum are the individuals named in this section.
Either Party may change its primary contacts or primary contacts contact information by notice
submitted to the other party in writing no later than 10 days following the date on which the change
occurs, without a formal amendment to this Participating Addendum. The Contractor’s primary
contact shall be ultimately responsible for ensuring that all Goods are delivered and all Services
are completed in accordance with this Participating Addendum.
Primary Contact for the State: Primary Contact for the Contractor:
Brian Swift Gigi Feril
Colorado State Purchasing & Contracts Office Cisco Systems, Inc.
1525 Sherman Street, 3rd Floor 170 West Tasman Dr
Denver, CO 80203 San Jose, CA 95134
303-866-6146 408-424-0712
brian.swift@state.co.us nvp-help@cisco.com
Each individual identified in this §5 of the Participating Addendum shall be the primary contact of
the designating Party. All notices required or permitted to be given under this Participating
Addendum shall be in writing and shall be delivered (A) by hand with receipt required, (B) by
certified or registered mail to such Party’s primary contact at the address set forth above or (C) as
an email with read receipt requested to the primary contact at the email address, if any, set forth
above. If a Party delivers a notice to another through email and the email is undeliverable then,
unless the Party has been provided with an alternate email contact, the Party delivering the notice
shall deliver the notice by hand with receipt required or by certified or registered mail to such
Party’s primary contact at the address set forth above. Unless otherwise provided in this
Participating Addendum, notices shall be effective upon delivery of the written notice.
In addition to the primary contact in this section, the Contractor shall also provide an individual
who is ultimately responsible for the creation and submission of the quarterly volume report
described in Exhibit A of this Participating Addendum. This individual, as named in this section,
shall ensure that all required quarterly volume reports are accurate and delivered by the appropriate
due date for that quarterly volume report. The Contractor may change this individual or their
contact information by notice submitted to the other party in writing no later than 5 days following
the date on which the change occurs, without a formal amendment to this Participating Addendum.
Individual Responsible for Quarterly Volume Report Creation and Submission:
Jumana Dihu
Cisco Systems, Inc.
170 West Tasman Drive
San Jose, CA 95134
773-269-6397
nvp-help@cisco.com
6. FULFILLMENT PARTNERS
The Contractor may only use Fulfillment Partners, as defined in Exhibit A. §4, under this
Participating Addendum if the State has provided written approval for the Contractor to use that
Fulfillment Partner. All such approved Fulfillment Partners authorized in the State of Colorado,
as shown on the dedicated Contractor website, are approved to provide sales and service support
to the State and any Purchasing Entity in the State. The Fulfillment Partner’s participation shall
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CMS # 172938
Contract Number: 172938 Page 3 of 31 Version 120120
be in accordance with the terms and conditions set forth in the Master Agreement and this
Participating Addendum, as appropriate.
7. ORDERS
Any Order referencing this Participating Addendum placed by a Purchasing Entity in the State of
Colorado for a Good or Service available under this Participating Addendum shall be deemed to
be a sale (and governed by the prices and other terms and conditions) under the Master Agreement
and this Participating Addendum unless the parties to the Order agree in writing that another
contract or agreement applies to such Order.
8. ORDER OF PRECEDENCE AND ATTACHED EXHIBITS
All of the exhibits listed in this section are attached to this Participating Addendum and are
incorporated herein by reference. In the event of a conflict or inconsistency between this
Participating Addendum and any exhibits or attachment such conflict or inconsistency shall be
resolved by reference to the documents in the following order of priority:
A. Colorado Special Provisions in §20 of Exhibit A, State Specific Terms
B. Exhibit D, HIPAA Business Associate Agreement
C. Exhibit E, Information Technology Provisions
D. The provisions of this Participating Addendum
E. All other sections of Exhibit A, State Specific Terms
F. Exhibit B Statement of Work
G. Exhibit C Products and Price List
Notwithstanding anything to the contrary herein, the State and Purchasing Entities shall not be
subject to any provision incorporated in any terms and conditions appearing on Contractor’s or
Subcontractor’s website, any provision incorporated into any click-through or online agreements,
or any provisions incorporated into any other document or agreement between the Parties that (i)
requires the State to indemnify or hold harmless Contractor or any other party, (ii) is in violation
of State law as, regulations, rules, fiscal rules, policies, or other State requirements as deemed
solely by the State or (iii) is contrary to any of the provisions incorporated into Exhibit A, §19 or
the main body of this Participating Addendum.
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CMS # 172938
Contract Number: 172938 Page 4 of 31 Version 120120
THE PARTIES HERETO HAVE EXECUTED THIS PARTICIPATING ADDENDUM
CONTRACTOR
Cisco Systems, Inc.
By:
Title:
By:______________________________________________
*Signature
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Personnel & Administration
State Purchasing and Contracts Office
Kara Veitch, Executive Director
By:______________________________________________
Sherri Maxwell, State Purchasing and Contracts Director
John Chapman, State Purchasing Manager
Date: _________________________
In accordance with §24-30-202, C.R.S., if this Contract is for a Major Information Technology Project, this Contract is not valid until
signed and dated below by the Chief Information Officer or an authorized delegate.
STATE CHIEF INFORMATION OFFICER
Governor’s Office of Information Technology
Anthony Neal-Graves, Chief Information Officer and Executive Director
By:___________________________________________ ____________________,
Date: _________________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
§24-30-202, C.R.S. requires the State Controller to approve all State Contracts. This Participating Addendum is not valid until signed and
dated below by the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________________
Name: __________________________________________
Delegate
Effective Date: _____________________
DocuSign Envelope ID: C7509981-97CA-456D-86C4-3D0E52539789
12/13/2021
12/14/2021
12/14/2021
12/14/2021
CMS # 172938
Contract Number: 172938 Page 5 of 31 Version 120120
PARTICIPATING ADDENDUM
EXHIBIT A
STATE SPECIFIC TERMS
1. PARTIES AND SCOPE ............................................................................................................ 1
2. PARTICIPATION ..................................................................................................................... 1
3. STATE MODIFICATIONS TO MASTER AGREEMENT AND APPLICABILITY ............. 1
4. LEASE AGREEMENTS ........................................................................................................... 1
5. PRIMARY CONTACTS AND PERSONNEL RESPONSIBILITIES ..................................... 2
6. SUBCONTRACTORS .............................................................................................................. 2
7. ORDERS.................................................................................................................................... 3
8. ORDER OF PRECEDENCE AND ATTACHED EXHIBITS ................................................. 3
1. AUTHORITY ............................................................................................................................ 5
2. PURPOSE .................................................................................................................................. 5
3. TERM ........................................................................................................................................ 6
4. DEFINITIONS .......................................................................................................................... 7
5. STATEMENT OF WORK ...................................................................................................... 11
6. PAYMENTS TO CONTRACTOR ......................................................................................... 12
7. PAYMENTS TO STATE ........................................................................................................ 13
8. REPORTING – NOTIFICATION ........................................................................................... 14
9. CONTRACTOR RECORDS ................................................................................................... 15
10. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................... 16
11. CONFLICTS OF INTEREST.................................................................................................. 18
12. INSURANCE .......................................................................................................................... 18
13. BREACH OF CONTRACT .................................................................................................... 20
14. REMEDIES ............................................................................................................................. 21
15. DISPUTE RESOLUTION ....................................................................................................... 22
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 23
17. OBLIGATIONS AND RIGHTS IN THE EVENT OF TERMINATION OF ORDER OR
CONTRACT ........................................................................................................................................ 23
18. STATEWIDE CONTRACT MANAGEMENT SYSTEM ..................................................... 23
19. GENERAL PROVISIONS ...................................................................................................... 24
20. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ....................... 28
EXHIBIT B STATEMENT OF WORK.................................................................................... 1
EXHIBIT C PRODUCTS AND PRICE LIST .......................................................................... 1
EXHIBIT D – HIPAA BUSINESS ASSOCIATE AGREEMENT ........................................... 1
EXHIBIT E - INFORMATION TECHNOLOGY PROVISIONS
1. AUTHORITY
Authority to enter into this Participating Addendum exists in the Colorado Procurement Code, §24-
102-202, C.R.S. and 1 CCR 101-9 R-24-102-202-01., and its associated rules.
2. PURPOSE
The Parties are entering into this Participating Addendum for the Contractor to provide Data
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Contract Number: 172938 Page 6 of 31 Version 120120
Communication Products and Services to Purchasing Entities available under Cisco Systems, Inc.
NASPO ValuePoint Master Agreement AR3227.
3. TERM
A. Initial Term - Work Commencement
The Parties’ respective performances under this Participating Addendum shall commence on
the Effective Date and shall be co-terminus with NASPO ValuePoint Master Agreement
AR3227. Unless this Participating Addendum is terminated earlier, as described herein, or
the State cancels its participation as described in the Master Agreement (the “Term”), the
term of the Participating Addendum shall follow the Master Agreement initial term and will
be automatically extended beyond the initial term if the Master Agreement term is extended
(See Section 3.B.).
B. Extension of Term
If the term of NASPO ValuePoint Master Agreement is extended for any reason, the Term of
this Participating Addendum shall be automatically modified to account for that extension,
so long as such extension complies with the Colorado Procurement Code.
C. End of Term Extension
If this Participating Addendum approaches the end of its Initial Term, or any Extension Term
then in place, the State, at its discretion, upon written notice to Contractor’s primary contact
listed in §5 of the Participating Addendum and in accordance with §5 of this Participating
Addendum, may unilaterally extend such Initial Term or Extension Term for a period not to
exceed 2 months (an “End of Term Extension”), regardless of whether additional Extension
Terms are available or not. The provisions of this Participating Addendum in effect when
such notice is given shall remain in effect during the End of Term Extension. The End of
Term Extension shall automatically terminate upon execution of a replacement contract or
modification extending the total term of this Participating Addendum.
D. Order Term
Orders may only be placed prior to the expiration or earlier termination of this Participating
Addendum, but orders for hardware products may have a delivery date no longer than 120
calendar days beyond that expiration or earlier termination date, and orders. Orders for
services and subscriptions may have a performance period not to extend more than three years
beyond the expiration or earlier termination date. Regardless of whether this Participating
Addendum has expired or has been terminated, the Contractor shall comply with all Orders
accepted by Contractor that extend past the expiration or termination, as described in this
section, and all requirements of this Participating Addendum necessary to complete
outstanding Orders shall survive the expiration or termination of this Participating Addendum
until all Orders are complete.
E. Early Termination in the Public Interest
The State is entering into this Participating Addendum to serve the public interest of the State
of Colorado as determined by its Governor, General Assembly, or Courts. A determination
that this Contract should be terminated in the public interest shall not be equivalent to a State
right to terminate for convenience. This subsection shall not apply to a termination of this
Participating Addendum by the State for breach by Contractor, which shall be governed by
§14.A.i.
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i. Method and Content
The State shall notify Contractor of such termination in accordance with §5 of this
Participating Addendum. The notice shall specify the effective date of the termination
and whether it affects all or a portion of this Participating Addendum, and shall include,
to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of notice for termination in the public interest, Contractor shall be subject
to the rights and obligations set forth in §14.A.i.
iii. Payments
If the State terminates this Participating Addendum in the public interest, all Orders
placed prior to termination shall remain in effect and the Purchasing Entities shall pay
Contractor according to their orders with the Contractor. The sum of any and all
payments under each order shall not exceed the maximum amount payable to
Contractor under each order.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Administration Fee” means the fee that is due to the State for the administration of this
Participating Addendum, as described in §7. A. of this Exhibit A.
B. “Breach of Contract” means the material failure of a Party to perform any of its obligations
in accordance with this Contract, in whole or in part or in a timely or satisfactory manner.
The institution of proceedings under any bankruptcy, insolvency, reorganization or similar
law, by or against Contractor, or the appointment of a receiver or similar officer for
Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days
after the institution of such proceeding, shall also constitute a breach. If Contractor is
debarred or suspended under §24-109-105, C.R.S. at any time during the term of this
Contract, then such debarment or suspension shall constitute a breach.
C. “Business Day” means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
D. “Ceiling Price” means the maximum price a Contractor or a Subcontractor may charge for
a Good or Service under this Participating Addendum.
E. “Chief Procurement Officer” means the individual to whom the Executive Director of the
Department of Personnel & Administration has delegated his or her authority pursuant to
§24-102-202, C.R.S. to procure or supervise the procurement of all supplies and services
needed by the state.
F. “CJI” means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended, and all
Criminal Justice Records as defined under §24-72-302, C.R.S.
G. “Confidential Information” means any and all information that is normally considered
confidential in nature, and includes, but is not limited to all State Records not subject to
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disclosure under the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S. (“CORA”).
Confidential Information shall not include information or data which has been
communicated, furnished, or disclosed by the discloser to the recipient which (i) is subject to
disclosure pursuant to CORA; (ii) is or subsequently becomes publicly available without
breach of any obligation owed by recipient to the discloser.
H. “Contract” means this Participating Addendum, including all attached Exhibits, all
documents incorporated by reference, all referenced statutes, rules and cited authorities, and
any future modifications thereto.
I. “Contract Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by a Purchasing Entity for Orders placed under this
Participating Addendum.
J. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S.
K. “Customer Content” means data such as text, audio, video or image files, provided by the
State or the Purchasing Entity to Contractor in connection with the State’s or the Purchasing
Entity’s use of Contractor’s products and services, and data developed at the State’s or the
Purchasing Entity’s specific request related to a statement of work or contract.
L. “Customer Feedback” means technical data or suggestions contained in oral or written
communications provided by State regarding modifications or improvements to a Contractor
Product or Service. Any PII collected within Customer Feedback shall be treated separately
as PII (not as Systems Information).
M. “Effective Date” means the date Contract is signed by the State Controller or their designee.
N. “End of Term Extension” means the time period defined in §3. C. of this Exhibit A.
O. “Environmentally Preferable Products” means products that have a lesser or reduced
adverse effect on human health and the environment when compared with competing
products that serve the same purpose, as defined in §24-103-904, C.R.S.
P. “Effective Date” means the date on which this Participating Addendum is approved and
signed by the Colorado State Controller or designee, as shown on the Signature Page for this
Participating Addendum. If this Contract is for a Major Information Technology Project, as
defined in §24-37.5-102(2.6), C.R.S., then the Effective Date of this Contract shall be the
later of the date on which this Contract is approved and signed by the State’s Chief
Information Officer or authorized delegate or the date on which this Contract is approved and
signed by the State Controller or authorized delegate, as shown on the Signature Page for this
Contract.
Q. “Entitlement Information” means information maintained by Contractor about State’s
entitlements to services, licenses and subscriptions to software products.
R. “Exhibits” means the following exhibits attached to this Contract:
i. Exhibit A, State Specific Terms.
ii. Exhibit B, Statement of Work.
iii. Exhibit C, Products and Price List
iv. Exhibit D, HIPAA Business Associate Agreement
v. Exhibit E, Information Technology Provisions
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S. “Extension Term” means the time period defined in §3. B.
T. “Goods” means any movable material acquired, produced, or delivered by Contractor as set
forth in this Participating Addendum and shall include any movable material acquired,
produced, or delivered by Contractor in connection with the Services. Goods includes
Products, Embedded Software and Cloud Software as those are defined in the Master
Agreement, Attachment A
U. “Fulfillment Partner” has the meaning set forth in the Master Agreement, Attachment A.
V. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of
any communications or information resources of the State, which are included as part of the
Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation
(i) successful attempts to gain unauthorized access to a State system or State Records
regardless of where such information is located; (ii) unwanted disruption or denial of service;
(iii) the unauthorized use of a State system for the processing or storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s
knowledge, instruction, or consent.
W. “Initial Term” means the time period defined in §3.A of this Exhibit A.
X. “Install Base Information” means information maintained by Contractor about the types,
quantities and location of installed Contractor devices, products, or software releases in
State’s network.
Y. “Order” means any delivery order, purchase order, contract, agreement or other binding
document used by a Purchasing Entity to order the Goods and Services described in this
Participating Addendum from the Contractor, and shall include any modification to such a
document.
Z. “Party” means the State or Contractor, and “Parties” means both the State and Contractor.
AA. “Purchasing Entity” means any entity or organization located in the State of Colorado that
has been authorized by the State to place Orders with the Contractor, and may include,
without limitation, agencies of the State, government supported institution of higher
education within the State, political subdivisions of the State, authorized non-profit
organizations and other authorized entities.
BB. “PCI” means payment card information including any data related to credit card holders’
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
CC. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual’s identity, such as name, social security number, date and place of birth,
mother‘s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S.
DD. “PHI” means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium that: (i) relates to the past, present or future
physical or mental health condition of an individual; the provision of health care to an
individual; or the past, present or future payment for the provision of health care to an
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individual, and (ii) identifies such individual or with respect to which there is a reasonable
basis to believe such information can be used to identify such individual. PHI includes, but
is not limited to, any information defined as Individually Identifiable Health Information by
the federal Health Insurance Portability and Accountability Act.
EE. “Security Threat Data” means threat intelligence data, URLs, metadata, netflow data, origin
and nature of malware, and other information necessary to enable security features of a
Contractor product or service. Any PII collected within Security Threat Data shall be treated
separately as PII (not as Systems Information).
FF. “Services” means the services to be performed by Contractor as set forth in this Participating
Addendum, and shall include any services to be rendered by Contractor in connection with
the Goods.
GG. “State Confidential Information” means Confidential Information disclosed by State to
Contractor and not subject to disclosure under CORA. State Confidential Information shall
include, but is not limited to, PII, PCI, and State personnel records not subject to disclosure
under CORA. State Confidential Information shall not include information or data that is not
deemed confidential but nevertheless belongs to the State, which has been communicated,
furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant
to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure
to Contractor; (iii) is or subsequently becomes publicly available without breach of any
obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without
confidentiality obligations, by a third party who has the right to disclose such information;
or (v) was independently developed without reliance on any State Confidential Information.
HH. “State Fiscal Rules” means that fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13) (a), C.R.S.
II. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
JJ. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA..
KK. “Subcontractor” means third-parties, if any, engaged by Contractor to aid in performance
of the Work. The term “Subcontractor” includes, without limitation, Fulfillment Partners.
LL. “Support Data” means data and information collected and maintained by Contractor when
a State user submits requests for support and trouble-shooting services, including information
about the hardware and software products and other details about the support incident and
interaction. Any PII collected within Support Data shall be treated separately as PII (not as
Systems Information).
MM. “Systems Information” mean data generated or collected in connection with State’s use and
operation of Contractor’s products and services, and when submitting a request related to
support or maintenance. Systems Information is composed of Telemetry Data, Support Data,
Install Base Information, Entitlement Information, Customer Feedback and Security Threat
Data.
NN. “Tax Information” means federal and State of Colorado tax information including, without
limitation, federal and State tax returns, return information, and such other tax-related
information as may be protected by federal and State law and regulation. Tax Information
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includes, but is not limited to all information defined as federal tax information in Internal
Revenue Service Publication 1075.
OO. “Telemetry Data” means data generated by instrumentation and logging systems created
through the Sate’s use and operation of a Contractor product or service, including but not
limited to: product serial numbers and other identification information, and information
characterizing devices connected to a network; data generated by sensors, devices,
machinery, product or service features or functionality activated, utilized, or accessed;
network policy, hardware modules and software components installed, connections and
topology relationships between products; data relating to the existence of cookies, web
beacons, and similar applications; the types of Contractor-branded software products
installed on a network or device; data related to the usage, origin of use, traffic density and
patterns, and behavior or workloads and applications across a network or cloud service. Any
PII collected within Telemetry Data shall be treated separately as PII (not as Systems
Information).
PP. “Work” means the Goods delivered and Services performed pursuant to this Contract.
QQ. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Effective Date that is
used, without modification, in the performance of the Work.
Any other term used in this Participating Addendum that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit. Any term not defined in this Participating Addendum
shall have the meaning defined in the Master Agreement, if the Master Agreement includes a
definition.
5. STATEMENT OF WORK
Contractor shall complete the Work as described in this Participating Addendum and in accordance
with the provisions of Exhibits A, B, C and D, and with any agreed terms in a Purchasing Entity’s
Order. Contractor personnel shall work cooperatively with State and Purchasing Entity staff to
ensure the completion of the Work.
A. Ordering and Order Fulfillment
i. Ordering
a. Contractor shall provide a complete and accurate Internal Revenue Service form
W9 to the State prior to accepting an Order from any Purchasing Entity. Upon a
request by a Purchasing Entity, Contractor shall provide a complete and accurate
Internal Revenue Service form W9 to that Purchasing Entity.
b. Each Purchasing Entity may complete an Order in accordance with its own rules
and policies, as available to Contractor, using the appropriate documentation for
that organization to issue an Order.
c. Contractor shall communicate directly with each Purchasing Entity related to that
Purchasing Entity’s Orders.
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d. Contractor shall ensure that all Orders it accepts have the proper information
contained in them for Contractor to be able to comply with all reporting
requirements of this Exhibit A.
e. If Contractor provides for Ordering through an internet-based portal or electronic
catalog, Contractor shall maintain all of Contractor’s necessary hardware,
software, backup-capacity and network connections required to operate that
internet-based portal or electronic catalog.
f. Contractor’s internet-based portal and electronic catalogs shall clearly designate
that they are part of this Participating Addendum and shall have a link to the
State’s designated web location, as determined by the State.
g. If Contractor’s catalog will be either hosted on or accessed through the State’s e-
Commerce system, when available, then Contractor shall comply with all policies,
procedures and directions from the State in relation to hosting its catalog on or
making its catalog accessible through that system. Contractor shall ensure that all
information made available through the State’s e-Commerce system is accurate
and complies with this Participating Addendum.
6. PAYMENTS TO CONTRACTOR
A. Payments Under Orders
i. Contractor shall allow the State and Purchasing Entities to use a procurement card or
other credit card to make payments under any Order, in addition to any other payment
procedure available to the State or Purchasing Entity.
ii. The State shall not pay any amount to Contractor under this Participating Addendum
unless the State issues an Order, at which time it shall pay Contractor in accordance
with that Order. The State shall not be responsible for payment under any Order that is
issued by a Purchasing Entity that is not the State, and the Contractor shall seek no
payment or other compensation from the State for any Work performed under any Order
issued by a Purchasing Entity that is not the State.
B. Payment Procedures
i. Invoices
Contractor shall invoice each Purchasing Entity in accordance with that Purchasing
Entity’s Order. Contractor shall not invoice the State under any Order unless the State
issued that Order. Contractor shall allow 45 days for the State and Purchasing Entities
to pay an invoice following the receipt of the invoice, unless the State or a Purchasing
Entity specifically agrees to a shorter time in an Order. State law and regulations
provide that State payments made within 45 days are not considered delinquent, and
unless otherwise agreed, State Purchasing Entities will pay interest on any unpaid
balance beginning on the 45th day at the rate of 1% per month until paid in full;
provided, however, that interest shall not accrue on unpaid amounts that are the subject
of a good faith dispute regarding the obligation to pay all or a portion of the liability.
Contractor shall invoice State Ordering Entities separately for accrued interest on
delinquent amounts due. The billing shall reference the delinquent payment, the number
of day’s interest to be paid, and the applicable interest rate. (§ 24-30-202(24), C.R.S.,
as amended.)
ii. Payment Disputes
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Unless different procedures are specified in an Order, if Contractor disputes any
calculation, determination or amount of any payment, Contractor shall notify the
Purchasing Entity issuing the Order in writing of its dispute within 30 days following
the earlier to occur of Contractor’s receipt of the payment or notification of the
determination or calculation of the payment by that Purchasing Entity. The Purchasing
Entity will review the information presented by Contractor and may make changes to
its determination based on this review. The calculation, determination or payment
amount that results from the Purchasing Entity’s review shall not be subject to
additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the Purchasing Entity has concluded its review, and
the Purchasing Entity shall not pay any interest on any amount during the period it is
subject to dispute under this subsection.
iii. Available Funds-Contingency-Termination of Order
Purchasing Entities, except for authorized non-profit entities, are prohibited by law
from making commitments beyond the term of the current Purchasing Entity’s Fiscal
Year. Payment to Contractor beyond the current Purchasing Entity’s Fiscal Year is
contingent on the appropriation and continuing availability of Contract Funds in any
subsequent year (See Colorado Special Provision). If federal funds, non-State funds or
funds from any other source constitute all or some of the Contract Funds, the Purchasing
Entity’s obligation to pay Contractor shall be contingent upon such funding continuing
to be made available for payment. Orders under this Participating Addendum shall be
made only from Contract Funds, and the Purchasing Entity’s liability for such payments
shall be limited to the amount remaining of such Contract Funds. If State, federal or
other Purchasing Entity funds are not appropriated, or otherwise become unavailable to
fund an Order under this Participating Addendum, the Purchasing Entity may, upon
written notice, terminate the Order, in whole or in part, without incurring further
liability. The Purchasing Entity shall, however, remain obligated to pay for Services
and Goods that are delivered and accepted prior to the effective date of notice of
termination of Order. A State Purchasing Entity Order termination shall otherwise be
treated as if the Order was terminated in the public interest as described in §3. E. of this
Exhibit A.
The Purchasing Entity may effect such termination by giving Contractor a written
notice of termination, to the Contractor’s primary contact in accordance with §5 of the
Participating Addendum, and by paying to Contractor any amounts which are due and
have not been paid through the last day of the Fiscal Year for which appropriated funds
are available. The Purchasing Entity shall endeavor to give notice of such termination
not less than 30 days prior to the day of non-availability of funds, and shall notify
Contractor of any anticipated termination.
iv. Discount and Delinquency Period
Any applicable cash discount period or delinquency period for the amounts shown on
an invoice shall begin on the date the Purchasing Entity receives the invoice, or from
the date of receipt of Goods or Services at the specified destination by an authorized
Purchasing Entity representative, whichever is later.
7. PAYMENTS TO STATE
Administrative Fees
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A. Each State Fiscal Year quarter, Contractor shall, using a form as directed by the State,
calculate an Administrative Fee equal to 1% of the total net sales (less credits) made under
Orders during that State Fiscal Year quarter. Contractor shall pay the State the
Administrative Fee for each State Fiscal Year quarter within 45 days following the end of
that State Fiscal Year quarter.
B. Contractor shall remit all administrative fees to the State’s primary contact identified in §5
of the Participating Addendum and with the payee as “State of Colorado”.
8. REPORTING – NOTIFICATION
A. Volume Reporting
The State will use a centralized method of tracking volume. Contractor shall provide a
quarterly volume report to the State’s primary contact identified in §5 of this Participating
Addendum within 45 calendar days following the end of the State Fiscal Year quarter that
the report covers. The quarterly volume report shall be submitted in a form as directed by
the State, which may be modified by the State from time to time. The quarterly volume report
shall contain, at a minimum, all of the following:
i. A summary volume report that includes, but is not limited to, all of the following for
the quarter that the report covers:
a. The total spent by each type of Purchasing Entity under this Participating
Addendum.
b. The total of the list price of all items purchased by each type of Purchasing Entity
under this Participating Addendum.
c. The total estimated price savings for each type of Purchasing Entity under this
Participating Addendum, calculated as the total list price of all items purchased
by each type of Purchasing Entity minus the total spent for that type of Purchasing
Entity.
d. [reserved].
e. The total net sales for all products and services sold by Fulfillment Partner, and
the amount of the total administrative fee due to the State.
ii. A detail report that includes, but is not limited to, all of the following for each sale that
occurred during the quarter that the report covers:
a. The name of the Purchasing Entity who the sale was made to.
b. The date of the sale.
c. A listing of each item purchased in the sale, including the name of the item, the
quantity of the item, the unit price for the item, the extended price for the item
calculated by multiplying the unit price by the quantity, the list price per unit for
the item, the extended list price for the item calculated by multiplying the quantity
by the list price, and the savings on the item calculated by subtracting the extended
cost from the extended list price.
d. Any other detail information as requested by the State, provided Contractor
collects such data.
B. Additional Operational Reporting
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Upon request by the State, the Contractor shall provide operational reporting that includes all
detailed and summary transaction, historical or payment information related to the State or
any of the Participating Entities as requested by the State. The Contractor shall provide all
such additional reports within 45 Business Days following the State’s request for that
information, unless the State agrees to a longer period of time in writing, provided that in any
case Contractor can reasonably access the data for the additional reporting and complete the
requests without an undue burden on its resources.
C. [RESERVED]
D. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action before
a court or other administrative decision making body, and such pleading or document relates
to this Participating Addendum or may affect Contractor’s ability to perform its obligations
under this Participating Addendum, Contractor shall, within a reasonable time after being
served, notify the State of such action and deliver copies of such pleading or document to the
State’s primary contact identified in §5 of the Participating Addendum .
E. Performance Outside the State of Colorado or the United States, §24-102-206, C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor
shall provide written notice to the State’s primary contact in accordance with §5 of the
Participating Addendum, within 20 days following the earlier to occur of Contractor’s
decision to perform Services outside of the State of Colorado or the United States, or its
execution of an agreement with a Subcontractor to perform Services outside the State of
Colorado or the United States. Such notice shall specify the type of Services to be performed
outside the State of Colorado or the United States and the reason why it is necessary or
advantageous to perform such Services at such location or locations, and such notice shall be
a public record. Knowing failure by Contractor to provide notice to the State under this
section shall constitute a breach of this Participating Addendum. This section shall not apply
if the Participating Addendum Funds include any federal funds. Contractor hereby gives
notice that all of Contractor Services, including maintenance, support, advanced, and
professional Services may be delivered remotely from outside the United States or Colorado.
Contractor will make available to the State prior to any purchase information about
Contractor products and services and their locations of storage of State Records, in order to
enable the State to purchase the applicable product or service where the storage location of
State Records is located within the United States. If a Purchasing Entity elects to purchase a
Good or Service with a FEDRAMP authorization to operate, then State Records associated
with that purchase will remain in the United States for the term of that purchase.
9. CONTRACTOR RECORDS
A. Maintenance
Contractor shall maintain a file of all documents, records, communications, notes and other
materials relating to the Work (the “Contractor Records”) performed by the Contractor and
any Subcontractors, that are required to ensure proper performance of that Work. Contractor
shall maintain Contractor Records until the last to occur of: (i) the date 3 years after the date
this Participating Addendum expires or is terminated, (ii) final payment under this
Participating Addendum is made, (iii) the resolution of any pending Contract matters, or (iv)
if an audit is occurring, or Contractor has received notice that an audit is pending, the date
such audit is completed and its findings have been resolved (the “Record Retention Period”).
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B. Inspection
Contractor shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
Contractor Records during the Record Retention Period. Contractor shall make Contractor
Records available during normal business hours at Contractor’s office or place of business,
or at other mutually agreed upon times or locations, upon no fewer than 15 Business Days’
notice from the State.
C. Monitoring
The State, in its discretion, may monitor Contractor’s performance of its obligations under
this Participating Addendum using procedures as determined by the State. The State shall
monitor Contractor’s performance in a manner that does not unduly interfere with
Contractor’s performance of the Work.
D. Periodic Business Reviews
i. The State may schedule periodic business reviews to review Contractor’s performance
under this Participating Addendum.
ii. Contractor shall ensure personnel assigned to the Participating Addendum are available
for these meetings with the State as scheduled by the State.
iii. Contractor’s primary contact designated in §5 of this the Participating Addendum shall
be available for all regularly scheduled meetings between Contractor and the State,
unless the State has granted prior, written approval otherwise.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Contractor shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Participating
Addendum or as necessary to perform obligations under this Participating Addendum, as
permitted by law, or as approved in writing by the State. Contractor (and its Subcontractors
as applicable) shall provide for the security of State Records in a manner at least as protective
as Contractor protects its own similar information. If State discloses to Contractor or any of
its Subcontractors the following types of data, to the extent applicable, Contractor or its
Subcontractors shall provide for the security of such data according to the following: (i) the
most recently promulgated IRS Publication 1075 for all Tax Information and in accordance
with the Safeguarding Requirements for Federal Tax Information attached to this Contract as
an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the
PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information
Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and
Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to
this Contract , if applicable. Contractor shall immediately forward any request or demand for
State Records to the State’s primary contact as identified in §5 of the Participating
Addendum.
B. Other Entity Access and Nondisclosure Agreements
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Contractor may provide State Records to its agents, employees, assigns and Subcontractors
as necessary to perform the Work, but shall restrict access to State Confidential Information
to those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Participating Addendum. Contractor shall ensure all such agents,
employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions
at least as protective as those in this Participating Addendum, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to
any State Confidential Information.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in compliance with
any and all applicable laws and regulations and shall maintain a secure environment to ensure
confidentiality of all State Confidential Information wherever located. Upon the expiration
or termination of this Participating Addendum, at State’s request Contractor shall return State
Records provided to Contractor or destroy such State Records and, upon written request,
certify to the State that it has done so, as directed by the State. If Contractor is prevented by
law or regulation from returning or destroying State Confidential Information, Contractor
warrants it will maintain measures designed to protect the confidentiality of, and cease to use,
such State Confidential Information.
D. Incident Notice and Remediation
If Contractor becomes aware of an Incident or any imminent threat of occurrence of any
Incident affecting the security, confidentiality, integrity, or availability of State Records
provided to Contractor, it shall notify the State without undue delay, but in no event later than
48 hours following Contractor’s confirmation of the Incident at OIT_CISO@state.co.us and
reasonably cooperate with the State regarding recovery, remediation, and the necessity to
involve law enforcement, as determined by the State. Unless Contractor can establish that
neither Contractor nor any of Contractor’s agents, employees, assigns or Subcontractors are
the cause or source of the Incident, to the extent caused by Contractor or Contractor’s agents,
employees, assigns or Subcontractors, Contractor shall be responsible for the cost of legally
required notifications to each person who may have been impacted by the Incident. After an
Incident, Contractor shall take reasonable steps determined by Contractor to reduce the risk
of incurring a similar type of Incident in the future, which may include, but is not limited to,
developing and implementing a remediation plan.
E. Data Protection and Handling
Contractor shall ensure that all State Records in the possession of Contractor or any
Subcontractors are protected by measures reasonably designed to provide for the security of
the State Records and handled in accordance with the requirements of this Contract, including
the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
If Contractor or any of its Subcontractors will or may receive PII under this Contract,
Contractor shall implement and maintain reasonable security procedures and practices that
are appropriate to the nature of the PII disclosed to the third-party service provider; and
reasonably designed to help protect the PII from unauthorized access, use, modification,
disclosure, or destruction. Contractor shall be a “Third-Party Service Provider” as defined in
§24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with
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§§24-73-101 et seq., C.R.S., as such are enshrined in statute at the time of execution of this
agreement.
G. Systems Information
Notwithstanding anything to the foregoing in this Agreement, Contractor may use, disclose
and retain Systems Information in accordance with Contractor’s Systems Information Data
Brief located at https://www.cisco.com/c/en/us/about/trust-center/data-management.html
(with current direct link at:
https://trustportal.cisco.com/c/r/ctp/trust-portal.html#/1604543672547988).
11. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any relationships that
conflict in any way with the full performance of the obligations of Contractor under this
Participating Addendum. Such a conflict of interest would arise when a Contractor or
Subcontractor’s employee, officer or agent were to offer or provide any tangible personal
benefit to an employee of the State, or any member of his or her immediate family or his or
her partner, related to the award of, entry into or management or oversight of this
Participating Addendum.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Participating Addendum, even the
appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s
prior written approval, Contractor shall refrain from any practices, activities or relationships
that reasonably appear to be in conflict with the full performance of Contractor’s obligations
under this Participating Addendum.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a
conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a
disclosure statement setting forth the relevant details for the State’s consideration. Failure to
promptly submit a disclosure statement or to follow the State’s direction in regard to the
actual or apparent conflict constitutes a breach of this Participating Addendum.
12. INSURANCE
Contractor shall obtain and maintain insurance as specified in this section at all times during the
term of this Participating Addendum and until all orders for Goods or Services or both have been
delivered and accepted, regardless of whether this Participating Addendum has expired or has been
terminated. All insurance policies required by this Participating Addendum shall be issued by
insurance companies that have an A.M. Best’s rating of at least A-, VIII.
A. Workers’ Compensation
Workers’ Compensation insurance as required by state statute, and employers’ liability
insurance covering all Contractor employees acting within the course and scope of their
employment. Insurance must stay in place and in effect even if the contract terms expires,
until all product or terms of the contract are completed and satisfied up to 120 days after
contract term expires.
B. General Liability
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Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with limits as follows:
i. $2,000,000 each occurrence;
ii. $4,000,000 general aggregate; and
iii. $2,000,000 products and completed operations aggregate.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned
autos) with a limit of $1,000,000 each accident combined single limit.
D. Network Security/Privacy/Cyber Insurance
Liability insurance covering all loss of State Confidential Information, such as PII, PCI, PHI,
Tax Information, and CJI, and claims based on alleged violations of privacy rights through
improper use or disclosure of protected information with minimum limits as follows:
i. $2,000,000 each claim; and
ii. $5,000,000 general aggregate.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any
negligent act with minimum limits as follows:
i. $1,000,000 each claim; and
ii. $1,000,000 general aggregate.
It is agreed that Contractor may satisfy requirements D and E with one and the same
insurance policy, provided that such insurance policy has limits of at least $6,000,000
each claim and $6,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Additional Insured
The CGL and Auto insurance shall include the State as additional insured for liabilities that
fall within Contractor’s indemnity obligations under this Agreement and that are covered by
such insurance.
H. Primacy of Coverage
Coverage required of Contractor shall be primary to any insurance or self-insurance program
carried by the State.
I. Cancellation
In the event any of the insurance required herein is cancelled or non-renewed, Contractor
shall (a) provide the State with at least 30 days prior notice of such cancellation or
nonrenewal, and (b) replace such insurance so that no lapse in coverage occurs. Contractor
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also shall provide a revised Certificate of Insurance evidencing that no lapse in coverage
occurred.
J. Subrogation Waiver
All insurance policies secured or maintained by Contractor in relation to this Participating
Addendum shall include clauses stating that each carrier shall waive all rights of recovery
under subrogation or otherwise against the State, its agencies, institutions, organizations,
officers, agents, employees, and volunteers, for liabilities that fall within Contractor’s
indemnity obligations under this Agreement.
K. Public Entities
If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, §§24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of the
liability insurance requirements stated above, at all times during the term of this Participating
Addendum such liability insurance, by commercial policy or self-insurance, as is necessary
to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning
of the GIA, Contractor shall ensure that the Subcontractor maintain at all times during the
terms of this Participating Addendum, in lieu of the liability insurance requirements stated
above, such liability insurance, by commercial policy or self-insurance, as is necessary to
meet the Subcontractor’s obligations under the GIA.
L. Certificates
Contractor shall provide to the State one or more certificates of insurance as evidence that
Contractor is maintaining the insurance required in this Participating Addendum within 7
Business Days following the Effective Date. No later than 10 days after the expiration date
of Contractor’s coverage, Contractor shall deliver to the State certificates of insurance
evidencing renewals of coverage. At any other time during the term of this Participating
Addendum, upon request by the State, Contractor shall, within 7 Business Days following
the request by the State, supply to the State certificates of insurance as evidence that it is
maintaining the insurance required by this §12.
M. If Contractor uses a Subcontractor in connection with this Agreement, Contractor shall require
such Subcontractor to maintain the types and amounts of insurance that Contractor deems
reasonable in light of the Goods and/or Services to be provided by such Subcontractor,
provided that Contractor shall require such Subcontractor to maintain at least the following
insurance: Workers’ Compensation with limits required by statute, Employer’s Liability with
limits of $1,000,000; Commercial General Liability with limits of $1,000,000 per
occurrence/aggregate; and, if Subcontractor uses autos in connection with this Agreement,
Commercial Auto Liability with limits of $1,000,000 per accident.
13. BREACH OF CONTRACT
In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach
to the other Party. If the notified Party does not cure the Breach of Contract, at its sole
expense, within 30 days after the delivery of written notice, the Party may exercise any of the
remedies as described in §14 for that Party. Notwithstanding any provision of this
Participating Addendum to the contrary, the State, in its discretion in order to protect the
public interest of the State, need not provide notice or a cure period and may immediately
terminate this Participating Addendum in whole or in part or institute any other remedy in
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this Participating Addendum; or if Contractor is debarred or suspended under §24-109-105,
C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate
this Contract in whole or in part or institute any other remedy in this Contract as of the date
that the debarment or suspension takes effect. In the event of terminations contemplated under
this Section 13, Contractor shall have the remedies contemplated in Section 3.E.
14. REMEDIES
A. State’s Remedies
If Contractor is in breach under any provision of this Participating Addendum and fails to
cure such breach, the State, following the notice and cure period set forth in §13, shall have
all of the remedies listed in this section in addition to all other remedies set forth in this
Participating Addendum or at law. The State may exercise any or all of the remedies available
to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Contractor’s uncured breach, the State may terminate this entire
Participating Addendum or any part of this Participating Addendum. Contractor shall
continue performance of this Participating Addendum to the extent not terminated, if
any.
If after termination by the State, the State agrees that Contractor was not in breach or
that Contractor's action or inaction was excusable, such termination shall be treated as
a termination in the public interest, and the rights and obligations of the Parties shall be
as if this Participating Addendum had been terminated in the public interest under §3.
E.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Contractor’s performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Contractor to
an adjustment in price or cost or an adjustment in the performance schedule.
Contractor shall promptly cease performing Work and incurring costs in
accordance with the State’s directive, and neither the State nor any Purchasing
Entity shall be liable for costs incurred by Contractor after the suspension of
performance.
b. Removal
Demand immediate removal of any of Contractor’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation
to this Participating Addendum is deemed by the State to be contrary to the public
interest or the State’s best interest.
B. Contractor’s Remedies
If the State is in breach of any provision of this Participating Addendum and does not cure
such breach, Contractor, following the notice and cure period in §13 and the dispute
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resolution process in §15 shall have all remedies available at law and equity. If a Purchasing
Entity is in breach of a provision of an Order, Contractor shall have all remedies available to
it under that Order and available at law and equity.
C. Purchasing Entity’s Remedies
i. If Contractor is in breach under any provision of an Order by a Purchasing Entity, the
Purchasing Entity shall have all of the remedies listed in §14. A. ii above, all remedies
listed here in §14.C and all other remedies available by law or equity. The Purchasing
Entity may exercise any or all of the remedies available to it, in its discretion,
concurrently or consecutively.
ii. If a Purchasing Entity gives Contractor notice of breach or terminates an Order because
of Contractor’s breach of that Order, Contractor shall provide notice to the State of that
breach or termination within 5 Business Days following Contractor’s receipt of that
notice of breach or termination.
iii. Payments and Damages
a. Notwithstanding anything to the contrary, Purchasing Entities shall only pay
Contractor for accepted Work received as of the date of termination.
b. Notwithstanding any other remedial action by the State, Contractor shall remain
liable to the State or appropriate Purchasing Entity for any damages sustained by
the State or Purchasing Entity in connection with any breach by Contractor, and
the Purchasing Entity may withhold payment to Contractor for the purpose of
mitigating the Purchasing Entity’s damages.
A Purchasing Entity may deny payment to Contractor for Work not performed, or that
due to Contractor’s actions or inactions, cannot be performed or if they were performed
are reasonably of no value to the state; provided, that any denial of payment shall be
equal to the value of the obligations not performed.
15. DISPUTE RESOLUTION
A. Order Disputes, Termination and Resolution
i. If a dispute related to an Order arises between Contractor and a Purchasing Entity,
Contractor shall meet with the Purchasing Entity to attempt to resolve the issue. If
Contractor is unable to resolve the issue with the Purchasing Entity, then Contractor
may request assistance from the State by submitting a request in writing, which includes
the pertinent information about the dispute and the assistance sought by Contractor, in
accordance with §5 of the Participating Addendum. Nothing in this section shall be
interpreted as limiting the rights or obligations of Contractor, the State or any
Purchasing Entity under this Contract of any Order.
ii. A Purchasing Entity may terminate an Order if Contractor was in material breach of
that Order. Termination of an Order shall not terminate any other Order or this
Participating Addendum.
B. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Participating Addendum which cannot be resolved by the designated Participating
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Addendum primary contacts, as identified in §5 of the Participating Addendum, or through a
dispute on an Order shall be referred in writing to a senior departmental management staff
member designated by the State and a senior manager designated by Contractor for
resolution.
C. Resolution of Controversies arising under this Participating Addendum
If the initial resolution described in §15.B. fails to resolve the dispute within ten (10) Business
Days, Contractor shall submit any alleged breach of this Participating Addendum by the State
to the Procurement Official of the State Purchasing and Contracts Office as described in in §24-
102-202(3), C.R.S. for resolution in accordance with the provisions of §§24-109-101.1
through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to
challenge any decision rendered by the Procurement Official, Contractor’s challenge shall be
an appeal to the Executive Director of the Department of Personnel and Administration, or
their delegate, under the Resolution Statutes before Contractor pursues any further action as
permitted by such statutes. Except as otherwise stated in this Section, all requirements of the
Resolution Statutes shall apply including, without limitation, time limitations.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
To the extent Contractor will create any Work Product that would fall under the definition of
“works made for hire” under 17 U.S.C.S. §101, or that would otherwise require Contractor
to assign any right, title, interests, perpetual licenses or ownership in any way of the Work
Product, such will be identified specifically in a transaction-level statement of work executed
by Contractor and the Purchasing Entity prior to the commencement of any services that
would create the Work Product.
17. OBLIGATIONS AND RIGHTS IN THE EVENT OF TERMINATION OF ORDER OR
CONTRACT
To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance past the effective date of such notice, and shall
terminate outstanding orders. However, Contractor shall complete and deliver to Purchasing
Entities all Work not cancelled by the termination notice, and may incur obligations as
necessary to do so within this Participating Addendum’s terms. Upon termination,
Contractor shall take timely, reasonable and necessary action to protect and preserve property
in the possession of Contractor in which the appropriate Purchasing Entity has an interest. At
the State or Purchasing Entity’s request, Contractor shall return materials owned by the
Purchasing Entity that Contractor possesses at the time of any termination. If Contractor has
agreed in a statement of work to create Word Product as contemplated in Section 16 above,
Contractor shall deliver all then-completed and in-progress Work Product to the appropriate
Purchasing Entity at the State or Purchasing Entity’s request.
18. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either
on the Effective Date or at any time thereafter, this section shall apply. To the extent applicable,
Contractor agrees to be governed by and comply with the provisions of §§24-102-206, 24-106-
103, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the
reporting of contract information in the State’s contract management system (“Contract
Management System” or “CMS”). Contractor’s performance shall be subject to evaluation and
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review in accordance with the terms and conditions of this Contract, Colorado statutes governing
CMS, and State Fiscal Rules and State Controller policies.
19. GENERAL PROVISIONS
A. Assignment
Contractor’s rights and obligations under this Participating Addendum are personal and may
not be transferred or assigned without the prior, written consent of the State, such consent not
to be unreasonably withheld. Any attempt at assignment or transfer without such consent
shall be void; provided further that Contractor may assign or transfer to any entity that is
owned or controlled by Contractor, an entity that owns or controls Contractor, or any entity
that is under common ownership or control of Contractor by a third party. Any assignment
or transfer of Contractor’s rights and obligations approved by the State shall be subject to the
provisions of this Participating Addendum.
B. Subcontracts
All subcontracts entered into by Contractor in connection with this Participating Addendum
shall comply with all applicable federal and state laws and regulations.
C. Binding Effect
Except as otherwise provided in §19.A., all provisions of this Participating Addendum,
including the benefits and burdens, shall extend to and be binding upon the Parties’ respective
successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Participating Addendum and the performance of such Party’s obligations have been duly
authorized.
E. Captions and References
The captions and headings in this Participating Addendum are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions. All references in this
Participating Addendum to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other
attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Participating Addendum may be executed in multiple, identical, original counterparts,
each of which shall be deemed to be an original, but all of which, taken together, shall
constitute one and the same agreement.
G. Entire Understanding
This Participating Addendum represents the complete integration of all understandings
between the Parties related to the Work, and all prior representations and understandings
related to the Work, oral or written, are merged into this Participating Addendum. Prior or
contemporaneous additions, deletions, or other changes to this Participating Addendum shall
not have any force or effect whatsoever, unless embodied herein.
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H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Participating Addendum, any modification to this
Participating Addendum shall only be effective if agreed to in a formal amendment to this
Participating Addendum, properly executed and approved in accordance with applicable
Colorado State law and State Fiscal Rules. Modifications permitted under this Participating
Addendum, other than contract amendments, shall conform to the policies issued by the
Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Participating Addendum to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Effective Date of this Participating Addendum.
K. Severability
The invalidity or unenforceability of any provision of this Participating Addendum shall not
affect the validity or enforceability of any other provision of this Participating Addendum,
which shall remain in full force and effect, provided that the Parties can continue to perform
their obligations under this Participating Addendum in accordance with the intent of this
Participating Addendum.
L. Survival of Certain Contract Terms
Any provision of this Participating Addendum that imposes an obligation on the Contractor
or a Purchasing Entity after termination or expiration of this Participating Addendum shall
survive the termination or expiration of this Participating Addendum and shall be enforceable
by the other Party.
M. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle
D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from
State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be
liable for the payment of any excise, sales, or use taxes, regardless of whether any political
subdivision of the State imposes such taxes on Contractor. Contractor shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that
Contractor may wish to have in place in connection with this Participating Addendum.
Contractor shall honor any tax exemption that any Purchasing Entity has, and shall not charge
any Purchasing Entity any excise, sales, or use taxes from which that Purchasing Entity is
exempt.
N. Third Party Beneficiaries
Except for a Purchasing Entity and/or the Parties’ respective successors and assigns described
in §19.A, this Participating Addendum does not and is not intended to confer any rights or
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remedies upon any person or entity other than the Parties. Enforcement of this Participating
Addendum and all rights and obligations hereunder are reserved solely to the Parties. Any
services or benefits which third parties receive as a result of this Participating Addendum are
incidental to this Participating Addendum, and do not create any rights for such third parties.
O. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Participating
Addendum, whether explicit or by lack of enforcement, shall not operate as a waiver, nor
shall any single or partial exercise of any right, power, or privilege preclude any other or
further exercise of such right, power, or privilege.
P. CORA Disclosure
To the extent not prohibited by federal law, this Participating Addendum and the performance
measures and standards required under §24-106-107, C.R.S., if any, are subject to public
release through the CORA.
Q. Standard and Manner of Performance
i. Hardware Products. Contractor warrants that from the date of shipment by Contractor to a
Purchasing Entity, and continuing for a period of the longer of (a) ninety (90) days or (b)
the period set forth in the warranty card accompanying the product or at
https://www.cisco.com/go/warranty, the hardware Product will be free from defects in
material and workmanship, under normal use. This limited warranty extends only to the
original user of the product. Purchasing Entity’s sole and exclusive remedy and the entire
liability of Contractor and its suppliers under this limited warranty will be, at Contractor's
or its service center's option, (i) shipment of a replacement within the period and
according to the replacement process described in the warranty card (if any) or if no
warranty card, as described at https://www.cisco.com/go/warranty, or (ii) a refund of the
purchase price, if the hardware Product is returned to the party supplying it to Purchasing
Entity, if different than Contractor, freight and insurance prepaid. Contractor replacement
parts, used in the replacement of hardware Products, may be new or equivalent to new.
Contractor's obligations hereunder are conditioned upon the return of affected products, in
accordance with Contractor's then-current return procedures. This limited warranty does not
apply if the hardware Product (i) has been altered, except by Contractor or its authorized
representative, (ii) has not been installed, operated, repaired, or maintained in accordance
with instructions supplied by Contractor, (ii) has been subjected to abnormal physical or
electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (iv)
is licensed or provided for beta, evaluation, testing or demonstration purposes.
ii. Embedded Software Products. Contractor warrants that Embedded Software will
substantially conform to the applicable documentation of the Embedded Software for the
longer of (i) ninety (90) days following the date the Embedded Software is made available to
the Purchasing Entity for use or (ii) as otherwise set forth at
http://www.cisco.com/go/warranty. This warranty does not apply if the Embedded Software,
the hardware Product supplied by Contractor, or any other equipment upon which the
Embedded Software is authorized to be used: (i) has been altered, except by Contractor or
its authorized representative, (ii) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by Contractor, (iii) has been subjected to abnormal
physical or electrical stress, abnormal environmental conditions, misuse, negligence, or
accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other
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circumstances for which there is not payment of a purchase price or license fee; or (v) has
not been provided by an authorized reseller of Contractor. Cisco will use commercially
reasonable efforts to deliver Embedded Software free from any viruses, programs, or
programming devices designed to modify, delete, damage or disable the Embedded Software
or data. At Contractor’s option and expense, Contractor shall repair, replace, or cause the
refund of the license fees paid for the non-conforming Embedded Software. This remedy is
conditioned on Purchasing Entity reporting the non-conformance in writing to Contractor
within the warranty period. Purchasing Entity may be required to return the Embedded
Software, the Contractor hardware product, and/or Documentation as a condition of this
remedy. This is Purchasing Entity’s sole and exclusive remedy under this warranty for
Embedded Software. Except as set forth herein, Embedded Software are provided “as is”.
Contractor does not warrant that Embedded Software will operate uninterrupted or error-free
or that all errors will be corrected. In addition, Contractor does not warrant that the Embedded
Software or any equipment, system or network on which the Embedded Software is used will
be free of vulnerability to intrusion or attack.
iii. Cloud Software Products. Unless otherwise provided for in the applicable Cloud Offer
Description for a specific Cloud Software Product, Contractor warrants that it will provide
the Cloud Software in accordance with the Cloud Offer Description using commercially
reasonable skill and care. Upon prompt notification by Purchasing Entity of Contractor’s
breach of this warranty, to the extent permitted by applicable law, Contractor will, at
Contractor’s option, (i) repair or replace the Cloud Software or (ii) refund fees paid to
Contractor for the period in which the Cloud Software did not materially comply with the
Cloud Offer Description. This is Purchasing Entity’s sole and exclusive remedy under this
warranty for Cloud Software.
iv. Services. Contractor warrants that Services will be performed in a workmanlike manner
and, where applicable, will materially comply with the applicable Service Description or
transactional statement of work. Purchasing Entity must promptly notify Contractor of a
breach of this warranty. Purchasing Entity’s sole and exclusive remedy for any breach of this
warranty shall be, at Contractor’s option, (i) re-performance of the Services or (ii) termination
of the applicable Service, and return of the portion of the fees paid to Contractor by
Purchasing Entity for such non-conforming Services.
v. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 19.Q, CONTRACTOR
HEREBY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES
FOR THE HARDWARE PRODUCTS, EMBEDDED SOFTWARE, CLOUD SOFTWARE,
OR SERVICES (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT,
ACCURACY, OR SYSTEM INTEGRATION, OR (B) ARISING FROM ANY COURSE
OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. TO
THE EXTENT AN IMPLIED WARRANTY OR CONDITION CANNOT BE
DISCLAIMED, SUCH WARRANTY OR CONDITION IS LIMITED IN DURATION TO
THE APPLICABLE EXPRESS WARRANTY PERIOD.
R. Licenses, Permits, and Other Authorizations.
Contractor shall secure, prior to the Effective Date, and maintain at all times during the term
of this Participating Addendum, at its sole expense, all licenses, certifications, permits, and
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other authorizations required to perform its obligations under this Participating Addendum,
and shall ensure that all employees, agents and Subcontractors secure and maintain at all
times during the term of their employment, agency or subcontract, all license, certifications,
permits and other authorizations required to perform their obligations in relation to this
Participating Addendum.
S. Indemnification
i. General Indemnification
Contractor shall defend and indemnify the State as set forth in Section 40.A of
Attachment A of the Master Agreement.
ii. Intellectual Property Indemnification
Contractor shall defend and indemnify the State as set forth in Section 40.B of
Attachment A of the Master Agreement, with Section 40.B.1 replaced with the
following:
“The Contractor’s obligations under this Section 40.B shall not apply to the extent any
Intellectual Property Claim is based on:
(a) Contractor’s compliance with any designs, specifications, requirements, or
instructions provided by any Indemnified Party or a third party on the Indemnified
Party’s behalf; or
(b) The modification of the Contractor’s Product by anyone other than Contractor
except when the modification was done by an entity acting on Contractor’s behalf,
or the modification by Indemnified Party was required Contractor by and with the
knowledge and approval of the Contractor; or
(c) The amount or duration of use made of Contractor’s Product, or services offered
by Indemnified Party to external or internal customers of the Indemnified Party,
or revenue earner by Indemnified Party;
(d) The combination or use of Contractor’s Product with third party products,
software, or business processes, except when the combination or use was not the
cause of the infringement, and Contractor’s Product is allegedly infringing alone.
20. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Contract is for a Major Information Technology Project, as defined in
§24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State,
its departments, boards, commissions committees, bureaus, offices, employees and officials
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shall be controlled and limited by the provisions of the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and
28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S.
No term or condition of this Contract shall be construed or interpreted as a waiver, express
or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly
set forth herein. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for
or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes, income taxes and local head
taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required
by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible
for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Contract shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor
harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for
damages resulting from death, bodily injury, or damage to tangible property of the State
caused by the negligence or willful misconduct of Contractor; or that conflicts with this
provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a
waiver of any provision of §24-106-109 C.R.S. . Subject to the foregoing, all liability of
Contractor shall be limited as set forth in Sections 40.C and 40.D of Attachment A of the
Master Agreement.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the
term of this Contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State
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determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Contract, including, without limitation, immediate
termination of this Contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor’s services and Contractor shall not
employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-
202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the
State Controller may withhold payment under the State’s vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages;
(ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et
seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and
(v) other unpaid debts owing to the State as a result of final agency determination or judicial
action. The State may also recover, at the State’s discretion, payments made to Contractor
in error for any reason, including, but not limited to, overpayments or improper payments,
and unexpended or excess funds received by Contractor by deduction from subsequent
payments under this Contract, deduction from any payment due under any other contracts,
grants or agreements between the State and Contractor, or by any other appropriate method
for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this Contract, through participation in the E-Verify Program or
the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that
the Subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract. Contractor (i) shall not use E-Verify Program or the program
procedures of the Colorado Department of Labor and Employment (“Department Program”)
to undertake pre-employment screening of job applicants while this Contract is being
performed, (ii) shall notify the Subcontractor and the contracting State agency or institution
of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is
employing or contracting with an illegal alien for work under this Contract, (iii) shall
terminate the subcontract if a Subcontractor does not stop employing or contracting with the
illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable
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requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5),
C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in
the Department program, Contractor shall deliver to the contracting State agency, Institution
of Higher Education or political subdivision, a written, notarized affirmation, affirming that
Contractor has examined the legal work status of such employee, and shall comply with all
of the other requirements of the Department program. If Contractor fails to comply with any
requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency,
institution of higher education or political subdivision may terminate this Contract for breach
and, if so terminated, Contractor shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms
under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101,
et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103,
C.R.S. prior to the Effective Date of this Contract.
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Exhibit B Page 1
EXHIBIT B STATEMENT OF WORK
1. GOODS AND/OR SERVICES
For a description of what the Participating Addendum will provide, see Exhibit B of the Master
Agreement AR3227, “Description of Products, Price, and Services”
2. OTHER PROJECT REQUIREMENTS
A. Delivery of Goods and Performance of Services
i. Contractor shall provide all Goods and perform all Services described in each Order, as
accepted by Contractor.
ii. Unless specifically agreed to otherwise in an Order, Contractor shall deliver all Goods
under an Order in good, working and undamaged condition. Delivery of Goods shall
be free on board (“F.O.B.”) destination to the location specified in the Order.
iii. If a good in an Order is out of stock, Contractor may only provide a substitute good if
it has notified the Purchasing Entity for that Order, in writing, that the good is out of
stock and has received the Purchasing Entity’s approval to provide the substitute good.
Purchasing Entities may request additional information comparing the substitute good
with the original good in the Purchasing Entity’s sole discretion.
B. Additional Terms
Any additional terms and conditions on any invoice, statement, Contractor time sheet,
website, electronic license or use agreement or any other form regarding indemnification,
limitation of liability, cancellation fees, choice of law and binding arbitration shall be void
and unenforceable except to the extent that they are specifically included in this Participating
Addendum or an Order. The signature of any employee of a Purchasing Entity on any such
form shall be effective to establish receipt of Goods or completion of Services and shall not
make any such term of that form enforceable.
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Exhibit C Page 1
EXHIBIT C PRODUCTS AND PRICE LIST
1. Contractor has been awarded the following categories:
DATA COMMUNICATIONS
2. The products and price list is located on the Contractor’s dedicated State website, hosted and
maintained by the Contractor, and is incorporated into this Participating Addendum by reference.
Changes in product and pricing must be approved by the lead state and shall be effective when
published on the dedicated state website.
www.cisco.com/c/en/us/solutions/industries/government/us-government-solutions-services/resources/government-
contracts-funding-vehicles/state-local-government-contracts/naspo-valuepoint-datacom-AR3227.html
3. Pricing
A. Price Lists
The State may publish any pricing information under this Participating Addendum, including,
without limitation the pricing information shown in this Exhibit C, Products and Price List,
on the State’s website and any other website as the State determines is necessary or efficient
to facilitate the use of this Participating Addendum by Purchasing Entities.
B. Price Decreases and Ceiling Prices
The prices listed in this Exhibit C are Ceiling Prices, and Contractor may offer lower prices
to Purchasing Entities, and Purchasing Entities may negotiate lower prices with Contractor,
without the review or approval of the State. Contractor shall not allow a Subcontractor to
charge an amount greater than the Ceiling Price for any Order.
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EXHIBIT D – HIPAA BUSINESS ASSOCIATE AGREEMENT
This HIPAA Business Associate Agreement (“Agreement”) between the State and Contractor is agreed to in
connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as
“Covered Entity” and the Contractor is referred to as “Business Associate”. Unless the context clearly requires a
distinction between the Contract and this Agreement, all references to “Contract” shall include this Agreement.
1. Purpose
Covered Entity wishes to disclose information to Business Associate, which may include Protected Health
Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance
with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub. L. No. 104-191 (1996)
as amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”)
enacted under the American Recovery and Reinvestment Act of 2009 (“ARRA”) Pub. L. No. 111–5
(2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45
C.F.R. Parts 160, 162 and 164 (the “HIPAA Rules”) and other applicable laws, as amended. Prior to the
disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing
specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of
the Code of Federal Regulations (“C.F.R.”) and all other applicable laws and regulations, all as may be
amended.
2. Definitions
The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data
Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary,
Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident,
Subcontractor, Unsecured Protected Health Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
a. Business Associate. “Business Associate” shall have the same meaning as the term “business
associate” at 45 C.F.R. 160.103, and shall refer to Contractor.
b. Covered Entity. “Covered Entity” shall have the same meaning as the term “covered entity” at 45
C.F.R. 160.103, and shall refer to the State.
c. Information Technology and Information Security. “Information Technology” and “Information
Security” shall have the same meanings as the terms “information technology” and “information
security”, respectively, in §24-37.5-102, C.R.S.
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings
ascribed to them in the Contract.
3. Obligations and Activities of Business Associate
a. Permitted Uses and Disclosures
i. Business Associate shall use and disclose PHI only to accomplish Business Associate’s
obligations under the Contract or as otherwise Required by Law.
i. To the extent Business Associate carries out one or more of Covered Entity’s obligations
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under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all
requirements of Subpart E that apply to Covered Entity in the performance of such obligation.
ii. Business Associate may disclose PHI to carry out the legal responsibilities of Business
Associate, provided, that the disclosure is Required by Law or Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that:
A. the information will remain confidential and will be used or disclosed only as
Required by Law or for the purpose for which Business Associate originally
disclosed the information to that person, and;
B. the person notifies Business Associate of any Breach involving PHI of which it is
aware.
iii. Business Associate may provide Data Aggregation services relating to the Health Care
Operations of Covered Entity. Business Associate may de-identify any or all PHI created or
received by Business Associate under this Agreement, provided the de-identification
conforms to the requirements of the HIPAA Rules.
b. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and
disclose only the minimum amount of PHI necessary to accomplish the Services, in accordance with
the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R.
164.502(b) and 164.514(d).
c. Impermissible Uses and Disclosures
i. Business Associate shall not disclose the PHI of Covered Entity to another covered entity
without the written authorization of Covered Entity.
ii. Business Associate shall, upon request, make available to Covered Entity information to
inform and enable Covered Entity to procure Business Associate’s products and services that
do not share, use, disclose or make available any Covered Entity PHI in any form via any
medium with or to any person or entity beyond the boundaries or jurisdiction of the United
States.
d. Business Associate's Subcontractors
i. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2),
ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of
Business Associate agree in writing to the same restrictions, conditions, and requirements
that apply to Business Associate with respect to safeguarding PHI.
ii. Business Associate shall provide to Covered Entity, on Covered Entity’s written request, a
list of Subcontractors for the respective Services with the identities of those Subcontractors.
iii. Business Associate shall provide to Covered Entity, on Covered Entity’s request, sample
copies of the standard business associate agreements between Business Associate and
Subcontractors.
e. Access to System. If Business Associate needs access to a Covered Entity Information Technology
system to perform its obligations under the Contract or this Agreement, Business Associate shall
comply with any and all policies regarding the use of Covered Entity’s Information Technology
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system provided to Contractor at the time of granting access to such system, and including but not
lmited to any policies promulgated by the Office of Information Technology and available at
http://oit.state.co.us/about/policies.
f. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered
Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy
Covered Entity’s obligations under 45 C.F.R. 164.524.
g. Amendment of PHI
i. Business Associate shall within ten days of receiving a written request from Covered Entity
make any amendment to PHI in a Designated Record Set as directed by or agreed to by
Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy
Covered Entity’s obligations under 45 C.F.R. 164.526.
ii. Business Associate shall promptly forward to Covered Entity any request for amendment of
PHI that Business Associate receives directly from an Individual.
h. Accounting Rights. Business Associate shall, within ten days of receiving a written request from
Covered Entity, maintain and make available to Covered Entity the information necessary for Covered
Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528.
i. Restrictions and Confidential Communications
i. Business Associate shall restrict the Use or Disclosure of an Individual’s PHI within ten days
of notice from Covered Entity of:
A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or
B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522.
ii. Business Associate shall not respond directly to an Individual’s requests to restrict the Use or
Disclosure of PHI or to send all communication of PHI to an alternate address.
iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can
coordinate and prepare a timely response to the requesting Individual and provide direction
to Business Associate.
j. Governmental Access to Records. Business Associate shall make its facilities, internal practices,
books, records, and other sources of information, including PHI, available to the Secretary for
purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310.
k. Audit, Inspection and Enforcement
i. Business Associate shall have the right to require Business Associate to provide copies of a
written assessment performed by an independent third party which evaluates the Information
Security of the applications, infrastructure, and processes that interact with the Covered Entity
PHI Business Associate receives, manipulates, stores and distributes, if Business Associate
maintains such third party assessment. Upon request by Covered Entity, Business Associate
shall provide to Covered Entity the executive summary of the assessment.
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ii. Business Associate, upon forty-two (42) calendar days written notice from Covered Entity,
shall reasonably cooperate with Covered Entity’s requests for legally required security audits
to audit Business Associate’s compliance with applicable HIPAA Rules, subject to mutual
agreement on the time, duration, place, scope, and manner of the audit. Such audit may last
no more than five (5) business days. If the audit determines that Business Associate’s conduct
does not sufficiently protect the PHI so as to be in violation of the HIPAA Rules or is in
violation of the Contract or this Agreement, Business Associate will take such steps as may
be reasonably agreed upon between the parties to address material defeciencies and areas of
non-compliance as soon as may be practicable based on their criticality.
l. Appropriate Safeguards
i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R.
Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as
provided in this Agreement.
ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures.
iii. Business Associate shall maintain the confidentiality of passwords and other data required
for accessing this information.
iv. Business Associate shall extend protection beyond the initial information obtained from
Covered Entity to any databases or collections of PHI containing information derived from
the PHI. The provisions of this section shall be in force unless PHI is de-identified in
conformance to the requirements of the HIPAA Rules.
m. Safeguard During Transmission
i. Business Associate shall use reasonable and appropriate safeguards including, without
limitation, Information Security measures to ensure that all transmissions of PHI are
authorized and to prevent use or disclosure of PHI other than as provided for by this
Agreement.
ii. Business Associate shall not transmit PHI over the internet or any other insecure or open
communication channel unless the PHI is encrypted or otherwise safeguarded with an
industry recognized encryption algorithm, such as FIPS-compliant encryption algorithm.
n. Reporting of Improper Use or Disclosure and Notification of Breach
i. Business Associate shall, as soon as reasonably possible, but promptly without unreasonable
delay (but in no case more than 48 hours) after discovery of a Breach, notify Covered Entity
of any use or disclosure of PHI not provided for by this Agreement, including a Breach of
Unsecured Protected Health Information as such notice is required by 45 C.F.R. 164.410 or
a breach for which notice is required under §24-73-103, C.R.S.
ii. Such notice shall include the identification of each Individual whose Unsecured Protected
Health Information has been, or is reasonably believed by Business Associate to have been,
accessed, acquired, or disclosed during such Breach.
iii. Business Associate shall, as soon as reasonably possible, but promptly without unreasonable
delay (but in no case more than 48 hours) after discovery of any Security Incident that does
not constitute a Breach, notify Covered Entity of such incident.
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iv. Business Associate shall have the burden of demonstrating that all notifications were made
as required, including evidence demonstrating the necessity of any delay.
v. The parties acknowledge and agree that this Section v. constitutes notice by Business
Associate to Covered Entity of the ongoing existence and occurrence of attempted but
Unsuccessful Security Incidents for which no additional notice to Covered Entity is required.
“Unsuccessful Security Incidents” shall include pings and other broadcast attacks on
Business Associate’s firewall, port scans, unsuccessful log-in attempts, denials of service and
any combination of the above, so long as no such incident results in unauthorized access, use
or disclosure of Protected Health Information.
o. Business Associate’s Insurance and Notification Costs
i. Where a Breach is proximately and solely caused by Business Associate’s failure to comply
with the terms of this Agreement, Business Associate shall bear costs of a Breach response
including, without limitation, notifications, subject to liability limits in this Agreement.
Business Associate shall maintain, at its own expense cyber liability coverage (or its
equivalent) as set forth in Exhibit A (State Specific Terms) Section 12.D.
ii. Business Associate shall provide Covered Entity acess to a technical support team accessible
24 hours per day, 7 days per week to assist with incident handling if and as applicable.
iii. Business Associate, to the extent practicable, shall mitigate any harmful effect known to
Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this
Agreement.
p. Subcontractors and Breaches
i. Business Associate shall enter into a written agreement with each of its Subcontractors and
agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The
agreements shall require such Subcontractors and agents to report to Business Associate any
use or disclosure of PHI not provided for by this Agreement, including Security Incidents and
Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or
agent knows or should have known of the Breach as required by 45 C.F.R. 164.410.
ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of
any such agreements to Covered Entity on request.
q. Data Ownership
i. Business Associate acknowledges that Business Associate has no ownership rights with
respect to the PHI.
ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered
Entity with any keys to decrypt Covered Entity’s PHI that the Business Association has
encrypted and maintains in encrypted form, or shall provide such PHI in unencrypted usable
form.
r. Retention of PHI. Except upon termination of this Agreement as provided in Section 5 below,
Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this
Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h
above, for a period of six years.
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4. Obligations of Covered Entity
a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate
safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and
security of PHI transmitted pursuant to this Agreement, in accordance with the standards and
requirements of the HIPAA Rules.
b. Notice of Changes
i. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered
Entity shall provide Business Associate with any changes in, or revocation of, permission to
use or disclose PHI, to the extent that it may affect Business Associate’s permitted or required
uses or disclosures.
ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of
PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent
that it may affect Business Associate’s permitted use or disclosure of PHI.
5. Termination
a. Breach
i. In addition to any Contract provision regarding remedies for breach, Covered Entity shall
have the right, in the event of a breach by Business Associate of any provision of this
Agreement, to terminate immediately the Contractor service where the breach occurred, or
this Agreement, or both if such breach of this Agreement is not curable or remains uncured
thirty (30) days after notice.
ii. Subject to any directions from Covered Entity, upon termination of the Contract, this
Agreement, or both, Business Associate shall take timely, reasonable, and necessary action
to protect and preserve property in the possession of Business Associate in which Covered
Entity has an interest.
b. Effect of Termination
i. Upon termination of this Agreement for any reason, Business Associate, at the option of
Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its
Subcontractors maintain in any form, and shall not retain any copies of such PHI.
ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall
certify in writing to Covered Entity that such PHI has been destroyed.
iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business
Associate shall promptly provide Covered Entity with notice of the conditions making return
or destruction infeasible. Business Associate shall continue to extend the protections of
Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those
purposes that make the return or destruction of such PHI infeasible.
6. Injunctive Relief
Covered Entity and Business Associate agree that irreparable damage would occur in the event Business
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Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the
HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages
would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate
agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to
prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of
this Agreement.
7. RESERVED
8. Disclaimer
Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement
or the HIPAA Rules will be adequate or satisfactory for Business Associate’s own purposes. Business Associate
is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding
of PHI.
9. Amendment
a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations
relating to data security and privacy are rapidly evolving and that amendment of this Agreement may
be required to provide procedures to ensure compliance with such developments.
i. In the event of any change to state or federal laws and regulations relating to data security
and privacy affecting this Agreement, the Parties shall collaborate in good faith to determine
the actions necessary to implement the changes to the standards and requirements of HIPAA,
the HIPAA Rules and other applicable rules relating to the confidentiality, integrity,
availability and security of PHI with respect to this Agreement.
ii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the
terms of an amendment to the Contract or this Agreement consistent with the standards and
requirements of HIPAA, the HIPAA Rules, or other applicable rules.
Covered Entity may terminate this Agreement upon 30 days’ prior written notice in the event
that:
A. Business Associate does not promptly enter into negotiations to amend the Contract
and this Agreement when requested by Covered Entity pursuant to this Section; or
10. Business Associate does not enter into an amendment to the Contract and this Agreement, which provides
assurances regarding the safeguarding of PHI sufficient to satisfy the standards and requirements of the
HIPAA, the HIPAA Rules and applicable law.Assistance in Litigation or Administrative Proceedings
Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is
commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by
Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon
receipt of such notice and to the extent reasonably requested by Covered Entity, Business Associate shall, and
shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its
obligations under the Contract to reasonably assist Covered Entity in the defense of such litigation or
proceedings. Business Associate shall, and shall cause its employees, Subcontractor’s and agents to, provide
reasonable assistance to Covered Entity, which may include testifying as a witness at such proceedings.
Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such
assistance if Business Associate is a named adverse party
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11. Interpretation and Order of Precedence
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with
the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement
shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business
associate agreement between the Parties.
12. Survival
Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall
survive termination of this contract or this Agreement and shall be enforceable by Covered Entity but only to the
extent that Business Associate maintains Covered Entity PHI.
DocuSign Envelope ID: C7509981-97CA-456D-86C4-3D0E52539789
CMS # 172938
EXHIBIT E, INFORMATION TECHNOLOGY PROVISIONS
This Exhibit regarding Information Technology Provisions (the “Exhibit”) is an essential part of the
agreement between the State and Contractor as described in the Contract to which this Exhibit is
attached. Unless the context clearly requires a distinction between the Contract and this Exhibit, all
references to “Contract” shall include this Exhibit.
21. PROTECTION OF SYSTEM DATA
A. In addition to the requirements of the main body of this Contract, if Contractor or any
Subcontractor is given access to State Information Technology resources or State Records
by the State or its agents in connection with Contractor’s performance under the Contract,
Contractor shall, to the extent applicable, protect such Information Technology resources
and State Records in accordance with this Exhibit. Contractor shall be responsible for the
compliance with the Contract by any Subcontractor performing work in connection with
the Contract.
B. The terms of this Exhibit shall apply to the extent that Contractor’s obligations under this
Contract include the provision of Information Technology goods or services to the State.
Information Technology is computer-based equipment and related services designed for
the storage, manipulation, and retrieval of data, and includes, without limitation:
i. Any technology, equipment, or related services described in §24-37.5-102(2),
C.R.S.; and
ii. The creation, use, processing, disclosure, transmission, or disposal of State
Records, including any data or code, in electronic form.
C. Where Contractor stores or processes State Records, Contractor shall, and shall cause its
Subcontractors to meet all of the following:
i. Implement appropriate physical and logical protection for all hardware,
software, and applications that store or process State Records designed to
prevent the loss, destruction, falsification, unauthorized access, or unauthorized
release of State Records, in accordance with regulatory requirements and the
requirements of this Contract.
ii. Implement and maintain network, system, and application security, which
includes, but is not limited to, network firewalls, intrusion detection (host and
network), annual security testing, and improvements or enhancements
consistent with evolving threats. Comply with State and federal rules and
regulations related to overall security, privacy, confidentiality, integrity,
availability, and auditing as such are applicable to Contractor as a provider of
Goods and Services.
iii. Maintain applicable controls and processes designed to ensure that security is
not compromised by unauthorized access to workspaces, computers, networks,
software, databases, or other physical or electronic environments.
iv. If Contractor becomes aware of an Incident or any imminent threat of
occurrence of any Incident affecting the security, confidentiality, integrity, or
availability of State Records provided to Contractor, it shall notify the State’s
Office of Information Security (“OIS”) without undue delay, but in no event
DocuSign Envelope ID: C7509981-97CA-456D-86C4-3D0E52539789
CMS # 172938
later than 48 hours following Contractor’s confirmation of the Incident at
OIT_CISO@state.co.us.
D. When performing customized services, comply with all rules, policies, procedures, and
standards issued by the Governor’s Office of Information Technology (“OIT”), including
change management, project lifecycle methodology and governance, technical standards,
documentation, and other requirements as set forth in a transaction-specific statement of
work for the customized services, which may include applicable requirements posted at
www.oit.state.co.us/about/policies.
i. Contractor shall perform pre-employment background checks on all of its respective
employees performing services or having access to State Records provided under this
Contract, and shall require Subcontractors to perform the same for the employees of
Subcontractors. Where Contractor is performing on-site services under a transaction-
level statement of work, at the request of the State as a condition of access to onsite
facilities, Contractor will have its applicable employees submit to background checks
to be performed by the State, so that State can determine which employees will be
granted onsite access. State will keep the results of the background checks
confidential, and will not disclose to Contractor the results. State will only advise
whether an employee is not permitted access to State facilities.
22. DATA HANDLING
A. Upon request, Contractor will make available to the State information about Contractor
products and services and their locations of storage of State Records, in order to enable
the State to purchase the applicable product or service where the storage location of State
Records is located within the United States. If a Purchasing Entity elects to purchase a
Good or Service with a FEDRAMP authorization to operate, then the State Records
associated with that purchase will remain in the United States of America for the term of
that purchase.
B. Upon request by the State made any time prior to 60 days following the termination of
this Contract for any reason, whether or not the Contract is expiring or terminating,
Contractor shall make available to the State complete download file(s) of all Customer
Content Records.
i. Upon request, Contractor shall provide the State with information regarding
encryption and authentication, if any, of such download file(s). [RESERVED].
ii. Upon the termination of Contractor’s provision of data processing services,
Contractor shall, upon request by the State, destroy all such Customer Content
and certify to the State that it has done so. If Contractor retains all or part of the
State Records provided by the State to Contractor, Contractor shall maintain the
confidentiality of all State Records provided by the State to Contractor and will
not actively process such data anymore. During the terms of service where
Contractor is storing Customer Content or any Subcontractor is storing Customer
Content on behalf of Contractor, Contractor shall not interrupt or obstruct the
DocuSign Envelope ID: C7509981-97CA-456D-86C4-3D0E52539789
CMS # 172938
State’s ability to access and retrieve Customer Content stored by Contractor or
any Subcontractor.
C. During the Term of this Participating Addendum, the State retains the right to use the
established operational services to access and retrieve Customer Content stored on
Contractor’s infrastructure at its sole discretion and at any time.
23. DELIVERY AND ACCEPTANCE
D. For any customized Work or Deliverables, other than the purchase or license of
commercially available goods or software, to be performed in accordance with a
transaction-level statement of work, acceptance of the Work or Deliverable shall require
affirmative written communication from the State to the Contractor that such Work or
Deliverable has been accepted by the State, according to the criteria set forth in the
transactional statement of work. Unless the transactional statement of work sets specific
timelines, such communication shall be provided within a reasonable time period from
the delivery of the Work or Deliverable and shall not be unreasonably delayed or
withheld. .
24. RESERVED
25. RESERVED
26. COMPLIANCE
A. In addition to the compliance obligations imposed by the main body of the Contract,
Contractor shall comply with:
i. All information security and privacy obligations applicable to Contractor imposed
by any federal, state, or local statute or regulation, or by any agreed-upon industry
standards or guidelines, as applicable based on the classification of the data
relevant to Contractor’s performance under the Contract. Such obligations may
arise from:
a. Health Information Portability and Accountability Act (HIPAA)
b. IRS Publication 1075
c. Payment Card Industry Data Security Standard (PCI-DSS)
d. FBI Criminal Justice Information Service Security Addendum
e. CMS Minimum Acceptable Risk Standards for Exchanges
f. Electronic Information Exchange Security Requirements and Procedures
For State and Local Agencies Exchanging Electronic Information With
The Social Security Administration
ii. Contractor shall comply with and adhere to Section 508 of the U.S. Rehabilitation
Act of 1973, as amended, and may show compliance by making available the
Voluntary Product Accessibility Templates (VPATs) contemplated therein to the
Purchasing Entity prior to purchase. Contractor shall make product information
available via VPATs so the State can determine whether specific Contractor
DocuSign Envelope ID: C7509981-97CA-456D-86C4-3D0E52539789
CMS # 172938
products enable the State to comply with the requirements promulgated pursuant
to §§24-85-101, et seq., C.R.S., including the State of Colorado technology
standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG),
incorporated in the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/. All Contractor VPATs are maintained and
provided at the following weblinks:
https://www.cisco.com/c/en/us/about/accessibility.html
https://www.cisco.com/c/en/us/about/accessibility/all-voluntary-product-
accessibility-templates.html
B. Contractor shall implement and maintain appropriate administrative, physical, technical,
and procedural safeguards designed to ensure compliance with the standards and
guidelines applicable to Contractor’s performance under the Contract.
C. Contractor shall cooperate with reasonable requests by the State for reasonable access for
required security audits, no more than once annually and subject to mutual agreement on
the time, duration, scope, and manner of the audit. Such audit shall be upon 30 Business
days notice, and shall not extend for more than 5 Business Days. Contractor shall
provide the State with information reasonably required to assess Contractor’s compliance
with the requirements of this Contract, including this Exhibit. To the extent Contractor
maintains the following in the normal course of business, such information shall include:
i. copies of third-party audit reports and certifications it maintains, such as SOC2
Type II audit; or
ii. letters of attestation regarding the performance of security penetration tests, as
applicable to specific Contractor products and services.
Contractor shall make (i) and (ii) above available to the State in Contractor’s Trust Portal
(https:trustportal.cisco.com), and more specifically as follows:
(i) is available at the following direct link: https://trustportal.cisco.com/c/r/ctp/trust-
portal.html?doctype=ISO|SOC; and
(ii) is available at the following direct link: https://trustportal.cisco.com/c/r/ctp/trust-
portal.html?doctype=Penetration%20Test.
27. TRANSITION OF SERVICES
UPON REQUEST BY THE STATE PRIOR TO EXPIRATION OR EARLIER
TERMINATION OF THIS CONTRACT OR ANY SERVICES PROVIDED IN THIS
CONTRACT, CONTRACTOR SHALL PROVIDE REASONABLE AND NECESSARY
ASSISTANCE TO ACCOMPLISH A COMPLETE TRANSITION OF THE SERVICES
FROM CONTRACTOR TO THE STATE OR ANY REPLACEMENT PROVIDER
DESIGNATED SOLELY BY THE STATE, WITH THE GOAL TO AVOID
INTERRUPTION OF OR ADVERSE IMPACT ON THE REPLACEMENT SERVICES
TO BE PROVIDED BY THE SUCESSOR PROVIDER. CONTRACTOR SHALL
COOPERATE REASONABLY WITH THE STATE OR ANY SUCCESSOR PROVIDER
IN EFFECTING A COMPLETE TRANSITION OF THE SERVICES DESIGNATED BY
DocuSign Envelope ID: C7509981-97CA-456D-86C4-3D0E52539789
CMS # 172938
THE STATE. UNLESS AGREED OTHERWISE, SUCH SERVICES RELATED TO
SUCH TRANSITION SHALL BE PERFORMED AT NO ADDITIONAL COST BEYOND
WHAT WOULD BE PAID FOR THE SERVICES IN THIS CONTRACT.
28. LICENSE OR USE AUDIT RIGHTS
A. To the extent that Contractor, through this Contract or otherwise as related to the subject
matter of this Contract, has granted to the State any license or otherwise limited
permission to use any Contractor Property, the terms of this section shall apply.
B. Contractor shall have the right, at any time during and throughout the Contract Term, but
not more than once per Fiscal Year, to request via written notice in accordance with the
notice provisions of the Contract that the State audit its use of and certify as to its
compliance with any applicable license or use restrictions and limitations contained in
this Contract (an “Audit Request”). The Audit Request shall specify the time period to be
covered by the audit, which shall not include any time periods covered by a previous
audit. The State shall complete the audit and provide certification of its compliance to
Contractor (“Audit Certification”) within 120 days following the State’s receipt of the
Audit Request.
If upon receipt of the State’s Audit Certification, the Parties reasonably determine that: (i) the
State’s use of licenses, use of software, use of programs, or any other use during the audit
period exceeded the use restrictions and limitations contained in this Contract (“Overuse”)
and (ii) the State would have been or is then required to purchase additional maintenance
and/or services (“Maintenance”), Contractor shall provide written notice to the State in
accordance with the notice provisions of the Contract identifying any Overuse or required
Maintenance andthe State shall bring its use into compliance with such use restrictions and
limitations.
DocuSign Envelope ID: C7509981-97CA-456D-86C4-3D0E52539789
Item No. 11
Date: Nov. 14, 2022
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE APPOINTMENT TO CURRENT
VACANCY ON LIQUOR LICENSING AUTHORITY BOARD
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________ City Clerk City Manager
ISSUE:
One of the City's Liquor Licensing Authority Board Members in District IV has moved out of the State of Colorado. This has created a vacancy on this Board.
PRIOR ACTION:
None
FINANCIAL IMPACT: None
BACKGROUND:
When vacancies exist, the City advertises for residents who might be interested in volunteering on one of the Boards or Commissions. This vacant position was advertised in the Jeffco Transcript, and through a multi-week promotional campaign including the City’s website, Channel 8, and social media outlets. Unfortunately, none of the applicants presented here for the
seat reside in District IV. However, it is detrimental to the work of this particular Authority to
leave the seat vacant and section 2-53 of the City’s municipal code provides for the appointment of out of district residents as necessary.
RECOMMENDATIONS:
Staff recommends that Council appoint an applicant to fill the District IV seat on the Liquor
Authority.
Council Action Form – Board and Commission Appointments November 14, 2022 Page 2
RECOMMENDED MOTION: “I move to appoint _______________to the Liquor Licensing Authority Board, term to expire _________________.
REPORT PREPARED BY: Stephanie Pomponio, Administrative Asst. to Mayor and Council Allison Scheck, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1.Applications received:
a. Cody Churchill
b. Clarence Fullard
c. Ryan Martin
d. Evan Smith
e. Anthony Romano
Motion for 2022 Appointment to Vacancy on Liquor Licensing
Authority Board
DISTRICT IV
I move to appoint:
______________________ to the Liquor Licensing Authority Board,
term ending 3/2/24.
Attachment 1
Page 1 of 1
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
CODY
Last Name*
CHURCHILL
Address1*
3160 PIERCE STREET
Address2
Application for Boards and Commissions - Submission #69815
Date Submitted: 6/2/2022
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City*
WHEAT RIDGE
State*
CO
Zip*
80214
Phone Number*
3037259987
Alternate Phone Number
3037259987
Email Address*
CCHURCHILL@WOODRUFFSAWYER.COM
Current Occupation
HEALTH INSURANCE BROKER
Employer
WOODRUFF SAWYER
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
15 YEARS Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I am a Colorado native and went to Saints Peter & Paul, then Everitt, I moved to COS for High School and attended the
University of Denver. I purchased my first home on Pierce St in 2008 and I am loving the direction Wheat Ridge is going with
the Ridge at 38 project and Local Works. I love our little town and hope we continue to grow with local businesses.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I try to shop local and support small business as often as I can. With that being said I want to support new business and help
our community to grow.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
I have been involved at different levels throughout the years for the IABA Colorado, Sons of Italy Wheat Ridge, former VP of
the Our Lady of Mount Carmel Men's Club and HUNI Association.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
I don't see any conflicts of interest. I've been supporting Wheat Ridge businesses my whole life and hope to
impact current and future establishments.
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other commitments?
Only when out of town for work.
Notices, agendas, and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Very comfortable.
Upload any additional supporting documents (e.g. resume,
cover Letter)
Cody Churchill Profile.pdf
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
3 of 4 10/24/2022, 4:55 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Clarence
Last Name*
Fullard
Address1*
2859 Gray St
Address2
Application for Boards and Commissions - Submission #69999
Date Submitted: 6/14/2022
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1 of 4 10/25/2022, 8:44 AM
City*
Wheat Ridge
State*
CO
Zip*
80214
Phone Number*
303-253-1042
Alternate Phone Number
Email Address*
fulla1cd@gmail.com
Current Occupation
Project Manager
Employer
Department of Interior
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
6 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
Interested and active community member. Have seen Wheat Ridge and surrounding communities (like Edgewater) grow and
develop licensed beer and liquor establishments, and wish to better understand and have a say in the matter in the future.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Population growth, expanded ABV sales, new breweries, growing beer/wine availability on 38th and 44th.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Graduated from Wheat Ridge 101 in fall 2021.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
None
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other commitments?
No
Notices, agendas, and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
High level of comfort
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
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Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. If that applies for this position, I
therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2977,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
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Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. If that applies for this position, I
therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2977,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
4 of 4 10/24/2022, 4:55 PM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Ryan
Last Name*
Martin
Address1*
7080 W 32nd Place
Address2
Application for Boards and Commissions - Submission #70002
Date Submitted: 6/14/2022
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
1 of 4 10/25/2022, 8:50 AM
City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
4045455316
Alternate Phone Number
Email Address*
ryanmartin2345@gmail.com
Current Occupation
Product Manager - Clinical Data
Employer
DaVita
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
16 months Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I work at DaVita as a Product Manager overseeing a clinical management tool and a facility dashboard for leadership. I enjoy
beekeeping, growing plants, have a vegetable garden and cycling. I would like to increase my involvement and learn about
the processes and procedures of our local government. To better serve my neighbors and community.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
Resolving violations and disputes in an open and fair manner. Evaluating applications to ensure they are in the best interest of
the residents and the city.
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Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Advisor to the Zeta Beta Tau fraternity at the University of Denver. Specifically overseeing academics, community service and
philanthropy committees.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
N/A
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other commitments?
No
Notices, agendas, and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Excellent
Upload any additional supporting documents (e.g. resume,
cover Letter)
Ryan Martin Resume.pdf
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
3 of 4 10/25/2022, 8:50 AM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. If that applies for this position, I
therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2977,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
4 of 4 10/25/2022, 8:50 AM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Evan
Last Name*
Smith
Address1*
4520 Teller e
Address2
Application for Boards and Commissions - Submission #70101
Date Submitted: 6/18/2022
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1 of 4 10/25/2022, 10:21 AM
City*
Wheat Ridge
State*
Colorado
Zip*
80033
Phone Number*
2764926172
Alternate Phone Number
Email Address*
Esmith5040@gmail.com
Current Occupation
IT Project Manager
Employer
State of Colorado
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
4 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I wish to better serve the community of Wheat Ridge by helping to shape the vision of the town by attracting new business
and residents while maintaining them current culture and feel.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
How to develop the current 38th, 44th, Wordsworth, and Kipling areas without corrupting the vision of Wheat Ridge as a local,
small town community.
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2 of 4 10/25/2022, 10:21 AM
Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Attended town council meetings, experience with working with both local and I state government, business experience,
several years of restaurant and bar experience
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
None
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other commitments?
No
Notices, agendas, and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
Highly comfortable
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
3 of 4 10/25/2022, 10:21 AM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. If that applies for this position, I
therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2977,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
4 of 4 10/25/2022, 10:21 AM
Print
Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in
order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council.
Applications will be kept on file for one year for any future vacancies. Application deadlines may vary.
Board of Adjustment
Building Code Advisory Board
Cultural Commission
Election Commission
Housing Authority
Liquor Licensing Authority Board
Parks and Recreation Commission
Planning Commission
Renewal Wheat Ridge
Active Adult Ctr. Advisory Committee
Select one Board, Commission or Committee
New Applicant
Reappointment
Type or Term of
Application*
District I
District II
District III
District IV
In which district do
you reside?
District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps
To find your district click here
First Name*
Anthony
Last Name*
Romano
Address1*
4091 Field Drive
Address2
Application for Boards and Commissions - Submission #70096
Date Submitted: 6/18/2022
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1 of 4 10/25/2022, 10:19 AM
City*
Wheat Ridge
State*
CO
Zip*
80033
Phone Number*
303 888 1234
Alternate Phone Number
Email Address*
ajromano2000@hotmail.com
Current Occupation
retired
Employer
Coors Brewing Company
Yes
No
Are you a Wheat Ridge
resident?*
If yes, how long have you been a
resident?
23 years Yes
No
Are you a registered voter?*
Yes
No
Have you served on a Board,
Commission, or Committee
before?*
If yes, which one?
Tell us about yourself and why you would like to be a member of this board, committee or commission. *
I have been in the the alcohol beverage business for most of my career. This includes 30 years with Coors Brewing & 8 years
in 3 different beer/beverage distributorships. My father owned 3 bars in Denver area.
Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do
you think you can have an impact on these issues?*
I have a very good understanding of the alcohol beverage business. Holding an alcohol beverage license requires an owner
& all his/her employees to not only abide by rules & regs, but also manage potential impairment of all their customers.
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
2 of 4 10/25/2022, 10:19 AM
Please list any community involvement, special work experience or skills that would enhance your ability to serve on this
board, committee or commission:*
Managed hundreds of employees who not only sold alcoholic beverages, but could also drink them on our premises. Also
worked as a bartender when on breaks from college.
Please specify any activities which might create a conflict of interest that would prevent you from taking official action should
you be appointed to this board, committee or commission:*
cannot think of any conflicts
Yes
No
If appointed, you agree to attend regular meetings
(typically monthly), review materials prior to meetings,
and help with occasional projects. Time commitment can
vary. Are you able to fulfill this commitment?*
Are there certain times when you wouldn't be available due to
job or other commitments?
no
Notices, agendas, and communications are sent electronically
or posted online. Please describe your level of comfort using
technology.
ok
Upload any additional supporting documents (e.g. resume,
cover Letter)
Browse…No file selected.
All boards and commissions members are appointed by the Wheat Ridge City Council and serve without
compensation. Boards and commissions are established for the purpose of acquiring and reviewing
information to make recommendations to City Council. Information submitted in this application is
considered public record and subject to the Colorado Open Records Act (CORA)
By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following:
Yes
The information provided in this application is true and correct to the best of my knowledge. *
Yes
I have read and understand the qualifications for the board, committee or commission to which I have applied, and
certify I meet the qualifications.*
Yes
I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person
or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)*
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
3 of 4 10/25/2022, 10:19 AM
Yes
I understand that board and commission members demonstrate their intention and ability to attend meetings. If
appointed, frequent nonattendance may result in termination of the appointment.*
Yes
I understand some positions may require a criminal background check to be conducted. If that applies for this position, I
therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. *
For further information or inquires please contact:
Stephanie Pomponio at 303-235-2977,
WRBNC@ci.wheatridge.co.us
Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us
Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be
printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie
Pomponio
Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print...
4 of 4 10/25/2022, 10:19 AM