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HomeMy WebLinkAbout2022 Ordinance No. 018 1 BY AUTHORITY ORDINANCE NO. 18 COUNCIL BILL NO. 21 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF SHERIDAN, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE. WHEREAS, since 1992 the City of Englewood has serviced vehicles for other governmental entities; WHEREAS, the City of Englewood and the City of Sheridan entered into an intergovernmental agreement whereby Englewood provided Sheridan with vehicle maintenance by the passage of Ordinance No. 3, Series of 2004/2005; Ordinance No. 10, Series of 2010; Ordinance No. 49, Series of 2014; and Ordinance No. 38, Series of 2018; WHEREAS, the 2018 intergovernmental agreement authorized the extension of the services for three additional one-year periods and is currently set to expire on May 31, 2022; WHEREAS, the City of Englewood and the City of Sheridan desire to continue such agreement whereby Englewood shall provide the City of Sheridan with maintenance of their vehicles; and WHEREAS, the passage of this proposed Ordinance authorizes an Intergovernmental Agreement between Englewood and the City of Sheridan for maintenance of their vehicles for a one-year period and includes a provision for an extension of services for three additional one-year periods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The intergovernmental agreement between the City of Sheridan, Colorado, and the City of Englewood, Colorado, for vehicle maintenance, attached as “Exhibit A”, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Section 3. The City Manager is authorized to negotiate and sign and the City Clerk to attest and seal any extensions of this Contract for three additional one-year periods for and on behalf of the City of Englewood, Colorado; DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC 2 Introduced, read in full, and passed on first reading on the 4th day of April, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of April, 2022 Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of April, 2022 for thirty (30) days. Read by Title and passed on final reading on the 18th day of April, 2022. Published by Title in the City’s official newspaper as Ordinance No. 18, Series of 2022, on the 21st day of April, 2022. Published by title on the City’s official website beginning on the 20th day of April, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 18, Series of 2022. Stephanie Carlile DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CITY OF SHERIDAN FOR VEHICLE MAINTENANCE THIS INTERGOVERNMENTAL AGREEMENT, entered into this _____ day of ____________ 2022 by and between the City of Englewood, whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and the City of Sheridan, whose address is 4101 South Federal Boulevard, Sheridan, Colorado 80110, collectively referred to as the “Parties.” WITNEESTH WHEREAS, the Parties desire to have the City of Englewood provide to the City of Sheridan vehicle maintenance for all of the vehicles currently, or in the future owned by, the City of Sheridan; and WHEREAS, as local governmental bodies, the Parties are authorized by the provisions of the Colorado Constitution, Article XIV, §18(2)(a) and Colorado Revised Statutes §§ 29-1-201, et seq., to contract with one another to provide any function, service or facility lawfully authorized to each. NOW, THERFORE, IT IS AGREED by and between the City of Englewood and the City of Sheridan that: 1. Term and Termination. The City of Englewood will provide maintenance service for the City of Sheridan beginning on June 1, 2022, and the Agreement shall terminate on May 31, 2023. The agreement shall, unless terminated as provided herein, automatically renew for up to three additional one-year terms. Either Party to this Agreement may terminate the Agreement by giving to the other Party thirty (30) days’ notice, in writing, with or without good cause shown. Upon delivery of such notice and upon expiration of the thirty (30) days, the City of Englewood shall discontinue all services in connection with the performance of this Agreement. As soon as practicable thereafter, the City of Englewood shall submit a final statement showing in detail the services performed and the costs thereof for such services that were performed under the Agreement to the date of termination. The City of Sheridan shall then pay the City of Englewood promptly for those services rendered up to the date of termination. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20 and the Parties obligations under this agreement are subject to the annual appropriation by the Parties’ City Councils and any failure of a City Council to annually appropriate adequate monies to finance a Parties’ obligations under this agreement shall terminate the agreement upon the expenditure of the appropriated funds. 2. Maintenance. The City of Englewood shall perform all necessary repairs and maintenance on City of Sheridan vehicles, to the satisfaction of the City of Sheridan, and the City of Sheridan shall pay to the City of Englewood for such services the sum of one hundred and ten dollars and seventy-three cents ($110.73) per hour, in addition to the cost to the City of Englewood of any parts plus a thirty-nine percent (39%) handling fee or outside vendor charges plus a sixteen percent (16%) handling fee. The maintenance of City of Sheridan vehicles shall be performed by the City of Englewood pursuant to a maintenance schedule provided by the City of Sheridan, and approved by the City of Englewood. The maintenance shall include any and all work requested by the City of Sheridan as well as any work identified by the City of Englewood arising from an inspection of the vehicle. Additional work identified from any inspection of the vehicle shall not be performed until approved by the City of Sheridan. The City of Englewood shall repair and maintain City of Sheridan vehicles in a professional, workman like manner, and within the technical specifications required of the particular vehicle. All DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC 2 maintenance and repair work shall be completed in a timely manner. The City of Englewood shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its services as related to this Agreement. 3. Amendments. This agreement constitutes the entire understanding of the Parties and supersedes all prior agreements regarding the subject matter and may not be amended or modified except by written agreement executed by the Parties. 4. Independent Contractors. The City of Englewood and City of Sheridan are independent contractors of the other, and neither their employees nor agents shall be considered an employee or agent of the other. 5. Assignment. Neither Party shall assign or transfer its interests in this Agreement to a third party without the express written permission of the other party. 6. Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective heirs, personal representatives, successors and assigns. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not a party to this Agreement. It is the express intention of this Agreement that any entity other than the Parties, including any entity that receives services or benefits as a result of this Agreement, shall be an incidental beneficiary only. 7. Governmental Immunity. The Parties hereto understand and agree that each is relying upon and do not waive or intend to waive by any provision of this agreement the monetary limitations or any other right, immunities and protections provided by both the Colorado Governmental Immunity Act C.R.S. §§ 24-10-101 et. seq., as same may be amended from time to time. 8. Governing Law. This Agreement shall be governed and construed under the laws of the State of Colorado. Venue for any proceedings under this Agreement shall be brought in Arapahoe County. 9. Notices. All notices and communications under this Agreement shall be mailed or delivered to the City of Englewood to the following: Director of Public Works City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 and to the City of Sheridan: Randy Mourning, Director of Public Works City of Sheridan 410 South Federal Boulevard Sheridan, Colorado 80110 10. Counterparts, Electronic Disposition. This Agreement may be executed in counterparts, using manual, electronic or facsimile signatures, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement. DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC 11. Severability. If any term, covenant, or condition of this agreement is deemed by a court of competent jurisdiction to be invalid, void, or enforceable the remaining provisions of this agreement shall be binding upon the Parties. 12. No Waiver. Delays in enforcement or the waiver or any or more defaults or breaches of the agreement by either Party shall not constitute a waiver of any other term or obligation of this agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first written above. ATTEST: CITY OF ENGLEWOOD __________________________________ ________________________________ Stephanie Carlile, City Clerk , Mayor ATTEST: CITY OF SHERIDAN ________________________________ _______________________________ , City Clerk , Mayor DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC