City Council Agenda and Packet 2023 12 05

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AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY LOUISVILLE AND TOWN OF ESTES PARK REGARDING PUBLIC WORKS COMPUTERIZED MAINTENANCE MANAGEMENT SERVICES WHEREAS, in accordance with C.R.S. § 29-1-203, and for the City of Louisville and the Town of Estes Park and their home rule charters, City of Louisville and Town of Estes Park are authorized to cooperate or contract with each other to provide for and share the cost of municipal services; and WHEREAS, the City of Louisville ("Louisville") shall enter into an Enterprise License Agreement ("ELA") with Lucity, Inc. ("Lucity") for public works' computerized maintenance management systems; and WHEREAS, the Town of Estes Park ("Estes Park") desires to obtain the services offered by Lucity to Louisville; and WHEREAS, Lucity offers a tiered pricing program for its ELA for small municipalities and county governments whereby the prices decrease with the increase of the municipality's population; and WHEREAS, Lucity is willing to offer Estes Park sublicense status under Louisville's ELA subject to Louisville and Estes Park agreeing to be contractually bound to the applicable terms and conditions of the ELA; and WHEREAS, in operating under one ELA with one sublicense agreement, Louisville and Estes Park are able to combine their populations to constitute one ELA, which, based upon the total population of the two, qualifies the parties as a Tier 2 Agency making them eligible for discounted prices not available if they had acted as separate governmental entities: and WHEREAS, based upon their populations the parties agree to apportion the expense of shared services upon the following percentages: Louisville 78% and Estes Park 22%; and WHEREAS, Louisville and Estes Park desire to set forth their duties and obligations concerning the ELA through adoption of an intergovernmental agreement. NOW, THEREFORE, the parties agree as follows: Parties/Tenn. Effective June 17, 2014, Louisville entered into an ELA with Lucity for public works' computerized maintenance management services. Estes Park shall upon the effective date of their approval of this Agreement become sublicensee under Louisville's ELA with Lucity. The ELA and sublicense agreements shall run for a period of one year which shall, absent 60 days prior written notice of non -renewal by a party, automatically renew on an annual basis for a total of three one- year terms. Expiration or termination of the ELA by Louisville or Lucity shall void the sublicense and terminate this Agreement. Should any party other than Louisville terminate their participation, the remaining parties' proportionate share of expenses shall be adjusted on a pro-rata basis as agreed upon by the parties.