HomeMy WebLinkAbout10174
ORDINANCE NO. 10174
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A SOFTWARE AND CONSULTING
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND
RESOURCE EXPLORATION, INC., A DELAWARE
CORPORATION, TO ADVISE THE CITY OF PUEBLO
REGARDING PRIORITY BASED BUDGETING MATTERS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Software and Consulting Agreement (“Agreement”) between the City of
Pueblo, a Colorado municipal corporation and Resource Exploration, Inc., a Delaware
corporation, dated May 9, 2022, a copy of which is attached hereto, having been approved
as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute
and deliver said Agreement in the name of the City and the City Clerk is authorized to
affix the seal of the City thereto and attest same.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and the attached Agreement to implement the policies and
procedures described therein.
SECTION 3.
This Ordinance shall become effective immediately upon final action by the Mayor
and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on April 25, 20222 .
Final adoption of Ordinance by City Council on May 9, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on May 11, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: April 25, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Laura Solano, Chief of Staff
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A SOFTWARE AND CONSULTING AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION
AND RESOURCE EXPLORATION, INC., A DELAWARE CORPORATION,
TO ADVISE THE CITY OF PUEBLO REGARDING PRIORITY BASED
BUDGETING MATTERS
SUMMARY:
The attached ordinance approves and authorizes the Mayor to sign a software and
consulting agreement with Resource Exploration, Inc. (“ResourceX”) to implement a
Priority Based Budgeting process in preparing the City’s 2023 budget.
PREVIOUS COUNCIL ACTION:
Not applicable to this ordinance.
BACKGROUND:
Priority Based Budgeting helps local governments make data-driven decisions to ensure
effective resource allocation that is aligned with the priorities of the community. The Mayor
and City Council must continually juggle multiple issues of immediate importance,
resource scarcity and organizational constraints. ResourceX will provide the software and
advice necessary for the City to implement Program Centric Outcome Budgeting when
preparing the 2023 City budget.
FINANCIAL IMPLICATIONS:
The attached agreement specifies that ResourceX’s software and consulting services will
be available to the City from 06/01/22 to 05/31/23. The annual program fee of $30,000
will be paid using American Rescue Plan Act funds. Thereafter, the agreement can be
renewed annually for a reduced fee of $25,000 per year.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this ordinance.
STAKEHOLDER PROCESS:
Not applicable to this ordinance.
ALTERNATIVES:
If City Council does not approve this Ordinance, ResourceX will not be retained.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance
Proposed Software and Consulting Agreement
Software and Consulting Agreement
Document Overview:
I. Agreement Summary and Contact Information
II. Scope of Work
III. Contract Terms, Setup, Renewal Period and Signatures
IV. Appendix A: End User License Agreement
I. Agreement Summary, Contact Information, and ResourceX Specialists
BASIC INFORMATION
Organization name: City of Pueblo,CO
Project Lead: Laura Solano, Chief of Staff to the Mayor's Office
Telephone number/email: Isolano@pueblo.us
Start Date: June 2022
Year 1 Completion Date: May 2023
Total Project Cost Year 1: $30,000.00
Subsequent Annual Renewal Cost: $25,000.00
Customer Success Representative: Santina Reichow,sreichow@resourcex.net
ResourceX VP of Client Success: Eric Keck, ekeck@resourcex.net
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II. Scope of Work
CHOOSE FROM SEVERAL IMPLEMENTATION OPTIONS+ BUNDLE YOUR SOFTWARE
WHICH PBB IMPLEMENTATION IS RIGHT FOR YOU?
A. Project Preparation Program Full PBB
Budgeting PBB Budgeter
ej Virtual Project Kick-off Free w/ X X X
Project
B. Support and Training Program Full PBB
Budgeting PBB Budgeter
30-hr Package of Training* X
(JS Project implementation meetings, user training webinars, and $10K X X
implementation support
Additional Package of On-going Support
Project implementation meetings, user training webinars, and $ X X X
implementation support
Access to Bi-Weekly Q&A Sessions&Help Center Free w/
0 Open Q&A Sessions and On-Demand Help Center with Project X X X
overview and how-to reference videos
IC. Software Tools** Program Full PBB
Budgeting PBB Budgeter
■ Online Program Budgeting+ PBB Budgeter Module $ X X
t5 Online Priority Based Budgeting+ PBB Budgeter Module $ 15K X X
■ Facilitated Insight Workshops $ X X
ID. Additional Software Applications Program Full PBB
Budgeting PBB Budgeter
95 ARPA Proposal Development+Prioritization Software Module $5K ---
I
E. Optional Consulting Engagements Program Full PBB
Budgeting PBB Budgeter
■ On-site Visit for Staff, Council, Citizens(per day) $ X X X
■ Advanced Consulting: Developing Insight Implementation Plans TBD*** X X
*30 hours of support is recommended for full PBB implementation.Additional support packages available.
**Ongoing annual software renewal rates are documented in Section III
***Advanced consulting quotes may be developed for your organization upon request.
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Ill. Contract Terms, Setup, Renewal Period and Signatures
COST SUMMARY
Implementation Set-up Total — Breakdown described in section II $30,000.00
Software Renewal Rate— Fixed for 3 renewals $25,000.00
Subscription Period — Reoccurring annually June 15t to
May 31st
Initial Invoice Amount—Software + one-time set up. $30,000.00
Initial Invoice Date — Due net 30 Days June 1, 2022
Renewal Invoice Amount $25,000.00
Renewal Invoice Dates— Due net 30 Days May 1st 2023
May 1st 2024
May 1st 2025
Initial Setup & Ongoing Management: Initial implementation can be divided into two
parts, the setup and ongoing management. Both efforts are detailed below.
ResourceX Obligations
As part of the setup, ResourceX will:
A. Discuss the project scope and overall plan;
B. Assist with the creation of the project charter;
C. Upload annual budget and personnel data to the online tools;
D. Provision users in the online tools;
E. Provide standardized community results and definitions (with opportunity to
customize).
As part of ongoing management, ResourceX will provide training and software support in
the development of the following deliverables:
A. Creating program inventories;
B. Allocating costs to programs;
C. Scoring programs against results and definitions;
D. Peer reviewing program scores;
E. Validating costs and scores;
F. Insight Workshops;
G. PBB Budgeter training and support
H. ARPA training and support
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Implementation Steps
Launch Phase Task Descri tion
Preparation Planning Session Discuss project scope and create a Project Charter
Preparation Super User 101 Introduction to PBB and the online tools for Super Users
Preparation Super User Tool Setup Cost template creation and BPA/Result confirmation
Preparation PBB 101 Introduction to PBB and the online tools for Department Users
Preparation Peer Review Team Selection Discussion Discuss the creation of Peer Review teams
Preparation Insight or Budgeter Workshop Planning Session Discuss the scope of the Insight or Budgeter Workshop
Data Creation Program Inventory Introduction to Program Inventory
Data Creation Program Cost Allocation Introduction to Program Cost Allocation
Data Creation Program Scoring&Peer Review Introduction to Program Scoring
Post Launch Next Steps Learn easy ways to analyze the data
Post Launch Insights Workshop Create,Clarify and Confirm Program Insights
Post Launch Budgeter Workshop Create Budget Requests in Online PBB
Post Launch Post-Implementation:Check-In Meet with RX to discuss project retrospective(4Ls)
Client Requirements
Client agrees to the following terms for delivery and review of materials.
A. Client shall complete the ResourceX Project Charter.
B. Client shall provide budget and personnel data for the implemented fiscal year.
C. Client shall provide a list of employees that will need access to the online tools.
D. Client shall commit to adhering to mutually agreed upon implementation schedule.
Communications
Client agrees the communication is to be via email. If the Client wishes to engage via Zoom
meeting, the Client should send an email to ResourceX stating that you would like to
schedule a Zoom meeting and ResourceX will work with the Client to arrange a time.
ResourceX typically responds to email within 24 hours excluding weekends and standard
public holidays.
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Annual Renewal Terms: Annual renewal rate of$25,000.00 will be set for 3 years. Each
year an invoice will be sent March 1st (first renewal invoice scheduled for 2023) for
continued access to the Online Priority Based Budgeting tools. Either party may terminate
this agreement, at any time, with a minimum of a written 30-day notice (with the ability to re-
subscribe again at any time, subject to the current subscription rates at that time).
THIS AGREEMENT is made and effective as of May 9, 2022, between City of Pueblo,
Colorado and Resource Exploration, Inc. The parties agree as follows:
Resource Exploration, Inc. City of Pueblo, CO
-'y�/fam ��`
Date: May 9, 2022 �/(irei/ ���qe: May 9, 2022
By: Chris Fabian By: Nicholas A. Gradisar
Co-Founder Mayor
*Note- Treasury released their final rules regarding eligible use of ARP funds late last
year.This new guidance provides additional opportunities for local governments to use
American Rescue Plan dollars on building the capacity to use data better and implement
evidence-based strategies.Which includes, among other things,investing in Priority
(Outcomes) Based Budgeting and/or ARPA support leveraging ARP dollars.
"These resources include but are not limited to data gathering,data cleaning,data
analysis,data infrastructure,data management,data sharing,data transparency,
performance management,outcomes-based budgeting,outcomes-based procurement,
and other data needs." (p. 188)
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Appendix A
End User License Agreement
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IV. Appendix A: End User License Agreement
ONLINEPBB® LICENSE AND HOSTING AGREEMENT
IMPORTANT - BY UTILIZING ONLINEPBB SOFTWARE, YOU ARE ACCEPTING THE
TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE FOLLOWING
CAREFULLY BEFORE PROCEEDING.
This Agreement is a legal agreement between you (City of Pueblo, Colorado) and
Resource Exploration, Inc, the licensor of OnlinePBB software and associated on-line
documentation that you access using this internet website (together referred in this
Agreement as "OnlinePBB").
I. OnlinePBB License. Subject to the terms of this Agreement, Resource
Exploration, Inc, grants you a non-exclusive, non-transferable license to access
OnlinePBB remotely via browser on the server used by Resource Exploration, Inc, to
operate this website (the "Server") solely for purposes of creating and maintaining on
the Server any interactive website developed using this website and with respect to
which all required fees payable under this Agreement have been paid by you (each, a
"Website").
2. Restrictions. You may not download or otherwise copy all or any portion of
OnlinePBB software. You may not sell, rent, license, lend, transferor otherwise grant
access to OnlinePBB to any other person or entity except as contemplated by the
license granted to you above. You must comply with all applicable laws and regulations
in your use of OnlinePBB. You may not modify, translate, reverse engineer, decompile
disassemble or otherwise attempt to obtain or derive source code from all or any
portion of OnlinePBB.
3. Proprietary Rights. Resource Exploration, Inc, and its supplier's reserve all
rights to OnlinePBB not expressly granted in this Agreement. Resource Exploration, Inc
and its suppliers own OnlinePBB and all associated patent, copyright, trade secrets
and other proprietary rights in OnlinePBB. No title or ownership of OnlinePBB or any
associated proprietary rights are transferred to you or any other person by this
Agreement.
4. Disclosure and Ownership of Data. a.) All written and oral information not
in the public domain or not previously known, and all information and data obtained,
developed, or supplied by your organization or at its expense,will be kept confidential
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by Resource Exploration, Inc and will not be disclosed to any other party without your
organization's prior written consent. b.)The materials used by Resource Exploration, Inc
for work performed under this Agreement are specific and unique methods of fiscal
management and budget prioritization. As such, these materials are protected by
copyright. You agree and understands that these materials and all methods, models
and applications resulting from the use of said materials are the sole, complete and
absolute property of Resource Exploration, Inc. As such, any use,future use or
application or any publication (either oral or written) of these materials by your
organization will be at the discretion of Resource Exploration, Inc and in any event will
not occur without the express and prior written permission of Resource Exploration,
Inc. All legal rights and protections afforded by copyright and Resource Exploration,
Inc's ownership of all the underlying intellectual property associated with these fiscal
management and budget prioritization materials are retained and reserved exclusively
by Resource Exploration, Inc, reserving all legal rights and remedies incident to its
ownership of these materials. It is understood that your organization may utilize these
methods, models and applications for their own specific use but are not free to share
these methods, models and applications with other individuals or entities. Nothing
herein precludes disclosures required by law.
5. U.S. Government Restricted Rights. If OnlinePBB is accessed or used by
any agency or other part of the U.S. Government, the U.S. Government acknowledges
that (i)OnlinePBB and accompanying materials constitute "commercial computer
software" or "commercial computer software documentation" for purposes of 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-3, as applicable, and (ii) the U.S. Government's rights
relating to OnlinePBB and accompanying materials are limited to those specifically
granted in this Agreement.
6. Data - Data Security. The OnlinePBB web-application provides data security
via SSL encryption, and is accessed via https - this protects and secures the client's
data from outside the organization, protecting the client and ResourceX. Additionally,
data is protected within the client's organization by way of individual user accounts
and user passwords, and varying levels of permission and access, to give the client
control over data accessibility.
7. Data - Data Storage. The OnlinePBB web-application utilizes Amazon Web
Services (AWS)for best-in-class data storage.
8. Data - Data Protection/backups. Resource Exploration performs
complete back-ups of all OnlinePBB data at a frequency of once per night.
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9. Service Availability - Disaster recovery/business continuity. To
support the organization in the case of disaster, Resource Exploration performs
complete back- ups of all OnlinePBB data at a frequency of once per night. The
organization may also download their own data files on a more frequent basis, in order
to perform complete data restoration - restoring from any point in time, from
previously saved data, completely in control of the City. Data files are stored in
DropBox, as well as Resource Exploration headquarters to provide additional
redundancy.
10. Service Levels - System Availability / performance. The OnlinePBB
web- application is provided and available 24 hours per day, 7 days per week. Resource
Exploration reserves the right to perform regularly scheduled updates and
maintenance, during which time the organization may experience brief periods of
downtime for server restarts to make updates available. Scheduled updates take place
after 6pm EST Monday-Friday, and the organization will be made aware ahead of
schedule, to the greatest extent possible. It should be noted that Resource Exploration
reserves the right to restart the web server at any time, but will provide the organization
as much advanced awareness as possible. Resource Exploration uses all reasonable
business means to ensure the application is available for the organization's use.
11 . Insurance - Vendor insurance and liability. Resource Exploration
agrees to procure and maintain in force during the term of this Agreement, at its own
cost, cyber insurance coverage.
12. Mutual Indemnification - From third party claims. Each party will
indemnify and hold harmless the other party from any and all claims,damages,
liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees)
caused by the other party's negligence, breach of warranty or contract or wrongful
conduct.
13. Independent Contractors. The parties agree that Resource Exploration, Inc, is
an independent contractor as that term is commonly used and Resource Exploration,
Inc's employees are not and shall not be considered subcontractors or employees of the
City and has no authority to bind the City in any manner. Contractor shall be solely
responsible for the withholding and reporting of all federal, state, and local income and
employment taxes. Contractor acknowledges that it is not insured in any manner
through the City for any bodily injury, personal injury, or property loss whatsoever.
14. Limitation of Liability. Except for indemnification and those matters required
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to be insured pursuant to this Addendum, neither party shall be liable to the other, or
any of their respective agents, representatives, or employees for any lost revenue, lost
profits, loss of technology, rights or services, incidental, punitive, indirect, special or
consequential damages, loss of data, or interruption or loss of use of service, even if
advised of the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise.
15. Liability Insurance. Resource Exploration, Inc, shall obtain and maintain in full
force and effect during the entire term of this agreement a policy of comprehensive
general liability insurance, including an acknowledgement of and coverage for the
indemnity provision of this Addendum, with limits of liability of not less than $1 million
and workers disability compensation insurance in compliance with Colorado's statutory
limits, and shall provide a certificate of insurance to the City naming the City as a
certificate holder, which certificate shall provide that the City shall receive at least 30
days prior written notice of cancellation or nonrenewal of such insurance. Said
insurance shall cover any claims arising out of, occurring during, or accruing during the
term of this agreement and shall survive the term and termination of this agreement and
shall be primary without right of contribution against the City.
16. Non-Assignment. The parties agree that there shall be no authority on the part
of Resource Exploration, Inc, to subcontract, assign, or otherwise dispose of any portion
of the services to be performed herein without the prior written approval of the City. In
the event that the City approves a subcontract, assignment, or disposition, Resource
Exploration, Inc, solely shall be responsible for managing, directing, and paying the
subcontractors or assignees, and the City shall have no obligations whatsoever toward
said subcontractors or assignees. Consent to subcontract, assign, or otherwise dispose
of any portion of this Agreement shall not be construed to relieve Contractor of any
responsibility for the fulfillment of this Agreement.
17. Remedies. The Parties acknowledge that the Proprietary Information
exchanged is valuable and unique and that disclosure in breach of this
Agreement will result in irreparable injury to the adversely affected Party, for
which monetary damages, on their own, would be inadequate. Accordingly, the
Parties agree the adversely affected Party shall have the right to seek an
immediate injunction enjoining any such breach or threatened breach of the
Agreement.
18. Handling of Disputes. The Parties agree that any dispute regarding this
Agreement, and any claim made by Client for return of monies paid to
ResourceX, shall be handled in accordance with applicable State and Federal
laws.
19. Severability. If any provision of this Agreement shall be held to be illegal,
invalid or unenforceable, such provision shall be fully severable, and this
Agreement shall be construed and enforced as if such illegal, invalid or
unenforceable provision had never comprised a part of this Agreement, the
remaining provisions of this Agreement shall remain in full force and effect.
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20. Interpretation and Enforcement. The parties understand and agree that
the construction and interpretation of this Agreement is governed by the laws of
the State of Colorado. In the event that either party must initiate legal action to
enforce this Agreement, the Parties agree that the proper venue for such action
shall be the courts of the State of Colorado.
21. Completeness of Agreement. This Agreement constitutes the entire
agreement between your organization and Resource Exploration regarding
OnlinePBB, the hosting of the Website and your use of the website. Resource
Exploration will not be bound by any provision in any purchase order, receipt,
acceptance, confirmation, correspondence or otherwise unless Resource
Exploration specifically agrees in writing to such provision.
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