HomeMy WebLinkAbout2018 Ordinance No. 037I
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ORDINANCE NO. 37
SERIES OF 2018
BY AUTHORITY
COUNCIL BILL NO. 46
INTRODUCED BY COUNCIL
.MEMBER WINK
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF CHERRY
HILLS VILLAGE, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL
P~OVIDE THE CITY OF CHERRY BILLS VILLAGE WITH VEIDCLE
MAINTENANCE .
. WHEREAS, since 1992 the city of Englewood has serviced vehicles for other governmental
entities; · ·
WHEREAS, the City of Englewood and the City of Cherry Hills Village entered into an
intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle
maintenance by the passage of Ordinance No. 9, Series of 2003 and Ordinance No. 21, Series of
2008;
WHEREAS, the City of Englewood and the City of Cherry Hills Village entered into an
intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle
maintemnrcebyLhepassage of Ordinance No. 48, Series of2014;
WHEREAS, the Contract authorized the extension of the services for three additional one year
periods to be negotiated by the City Manager or his designee;
WHEREAS, the City of Englewood and the City of Cherry Hills Village desire to continue such
agreement whereby Englewood shall provide the City of Cherry Hills Village with maintenance of
their vehicles; and
WHEREAS, the passage of this proposed Ordinance authorizes an Intergovernmental
Agreement between Englewood and the City of Cherry Hills Village 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 Cherry Hills Village,
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
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;
Introduced, read in full, and passed on first reading on the 3rd day of December, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th
day of December, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th
day of December, 2018 for thirty (30) days.
Read by Title and passed on fi~al reading on the 17th day of December, 2018.
Published by Title in the City's official newspaper as Ordinance No. 37, Series of 2018, on
the 20th day of December, 20 I 8.
Published by title on the City's official website beginning on the 19th day of
December, 2018 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publi ation following
ATTEST:
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. 37, Series of 2018.
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INTERGOVERNMENTAL AGREEMENT .BETWEEN THE OITY OF ENGLEWOOD AND CITY OF
CHERRY HILLS VlLLAGE FOR VJ;:HICLE·MAINTENANCE
· THJS~INTERGOVERNMENTAL AGREEMENT.· entered int~ this_ day of ____ _
2018 ~y and betw~n the City of Englewood, whose a~dress is IOQq Englewood Parkway. Englewood,
Colorado 80 l lO and the City of Cfterry Hills Village, whose address js 2450 East Quincy A venue, Cherry
Hills Village. Colorado 801 l01 collectively referred to as the "Panies".
. . . . .
WITNESSETH
WHEREAS, the Parties desire to_ have the City of E~glewood continue to provide to .the City of
Cherry Hills Village vehicle maintenance for ~II of the vehi_cles curre!Jtly, or in the future owned by, the
City of _Cherry Hills Village; · ·
'WHEREAS, as local govemmen,al bodies, the Parties .?.le ~uthorized by the provi~ions of the
Colorado Constitution, Article XIV, § 18(2)(a) and Colorado_' Revised Statutes §§ 29-1-20!, et seq., to
contract with one_ anoiher to provide any function, service or ~acility lawfully authorized to each; an~
WHEREAS, the City of Englewood, by the passage of Ordinance No. 48, Series of 2014 and the
City of Cherry Hills Village, by the adoption of the agreement on May 20, 2014, entered into an
intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle
maintenance.
NOW, THE~FORE, IT IS AGREED by and between the City of Englewood and the City of Cherry Hills
Village that: · · · · ·
I. Tem1 and Termination. The City of Englewood will provide maintenance services beginning on
October 17, 2018, and the J\greement shall terminate on .December 31_, 2019. Three additional one (I)
year perio_ds may be ·negotiated and exten~ed by mutual, writ~en agreement betweef! the City Manager of
each Pany or his or her designee. · ·
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Either Party to this Agreement may term.inate the Agreement by giving to the other Party ,~irty
(30) days' notice, in writing, with or without good cause shown. Upon delivery of such notice and upon
expiration of the thirty (39) days, the City of Englewood shall discontinue all services in connecti~n with
the perf01:mance of this Agreement. As soon as practicable thereafter, the City of Englewood shall submit
a final state!Tient 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 Cherry Hills Village shall pay the
City of Englewood promptly for those services rendered up to the ~ate of termination.
2. Maintenance. The City of Englewood shall perform all necessary repairs and maintenance on City
of Cherry Hills Village vehicles, to the satisfaction of the City of Cherry Hills Village. The City of Cherry
Hills Village shall be responsible for transporting vehicles to and from the City of Englewood Service
Center located at 2800 S. Platte River Drive, Englewood, CO 801 JO. The maintenance of City of Cherry
Hllli., V}!l~ge: ".~icl~~ s.ba!J be p_erfo!111eil>Y. the Ci~ of ijµglewood pqrs11_a1J( !9_a_1mlint~mmce s_che~ule
provided by the City of Cherry Hills Village, and approved by the City of Englewood. The maintenance
shall include any and all work requested by the City of Cherry Hills Village as well as any work identified
by the City of Englewood arising from an inspection of the vehicle. The City of Englewood shall not
perform any additional work identified from any inspection of the vehicle unless and until approyed by
the City of Cherry Hills Village. ·
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The City of Englewood shall repair and maintain City of Cherry Hills Village vehicles in a
professional. workman ·like manner, and within the tec~nicnl specifications required of the particular
vehicle. All maintenance and repair work shall be completed in a timely manner. The City of Englewood
shall, without additional compeflsntion. correct or revise any errors, omissions, or other deficiencies in its
services as related to this Agreement. _ · ·
3. Paym~nt. Through ~d in~luding. December 31, 20 I 8. the City of Cherry Hills Village shall pay I
the City of Englewood for s·uch vehicle maintenance services the sum of seventy eight dollars ($78.00) an
hour , in addition to t!Je cost to the ,City of Englewood of any parts or outside vendor chcµ-ges p~us a thirty
·percent (30%) handling fee. Starting on January 1, 2019, the City of Cherry Hills Village shall pay the
City of Englewood the sum of ninety-six dollars and twenty-nine cents ($96.29) per hour. in addition to
the cost to the City of Englewood of any parts or outside vendor charges· plus a thirty percent (30%)
handling fee._ · · -·
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4. Amendments. This Agreement may not be amended or modified except by written agreement
between the Parti!=S,
5. Independent Contractors. . The City of Englewood and. City of Cherry Hills _Village are
independent contractors of the other, and neither thei.r employees' nor agents· shall be c'onsid~red an
employee or agent_ of the other •. The City of Englewood shall be responsible for employing and directing
such personne~ and agents as it requires to perform the services hereunder, shall exercise complete
authority over its personnel and agents, and shall be fully responsible for their actions. The City of
Cherry Hills Village shall not be obliged to secure and shall not provide any personnel/employees
insurance coverage or employment benefits of any kind or type to the City of Englewood, its employees.
agents, represen~atives, or any other person performing duties on beh~lf of the Englewood u~d~r this
Agreement. including but nat limited to_ workers• compensation, unemployment benefits, dental, medical
and life insurance. any and all benefit plans, and all other costs Wld expenses of employees, agents,
representatives, or any other person performing duties under this Agreement. · ·
6. Required Insurance. The City of Englewood shal_l procure and maintain the minimum coverages
listed below. All coverage shall be continuously maintained to cover all liability. claims, demands, and
other obligations assumed by the City of Englewood pursuant tQ this Agreem~nt. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage. Said ins1n-ance shall include but not limited to: · · '
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A. Workers's Compensation. Insurance lo cover obligations imposed by applicable laws for
any employee of th~ City of Englewood engaged in the performance of work on City of Cherry Hills
Village vehicles under this Agreement. . .
B. General Liability. Insurance with limits of liability not less than the limits of liability
establi~hed from time to time by the Colorado Governmental Immunity Act, Part I of Article 10 of Title
24,' C.R.S. ("Act"). The policy shall include coverage for bodily injury, broad fonn property damage
(including complete operations), personal injury (including coverage for contractual and employee's
acts), blanket contractual, products, a@£0mpleted OP,erµtions. __
7. Assignment. Neither Party shall assign or transfer its interests in this Agreement to a third party
without the express written pennission of the other party.
8. 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 tenns and conditions of this Agreement, and all rights
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of action relating to such enforcement. shall be strictly reserved lo 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. · · ·
9. · Governmental Immunit)!. No portion of this Agreement shall be deemed to constituie a waiver of
any immunities the Party's or their officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care which did not previously exist with respect lo any
person not a party to this Agreement. ·
10. Governing Law. This Agreement shall be governed and construed under the Jaws of the State of
Colorado. Venue for any proceedings under.this Agreement shall be brought in Arapahoe County.
11. Notices. All notices and communications under this Agreement shall be mailed or delivered to
the City of Englewood to the folJowing:
Director of Public Works
City of Englewood
IOOO Englewood Parkway
Englewood, Colorado 80 I I 0
and to the City of Cherry Hills Village:
Director of Public Works
City of Cherry Hills Village
2450 East Quincy A venue
Cherry Hills Village, Colorado 80110
12. Article X. Section 20 {TABOR). The parties understand and acknowledge that the Parties are
subject to Anicle X, §20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate
the terms and requh:ements 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, notwi~standing anything in this Agreement to the contrary, all
payment obligations of the Parties are expressly dependent and conditioned upon the continuing
availability of funds beyond the term of the Parties' current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Parties payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeied, and otherwise made available in accordance
with the rules, regulations, and resolutions of the Parties, and other applicable law.
13. Third Parties, This Agreement does not, and shall not be deemed or construed to, confer upon or
grant to any third party any right to claim damages or to bring suit, action or other proceeding against
either Party because of any breach hereof, or because of any of the terms, covenants, agreements and
conditions herein.
l4. 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.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first written
above.
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AITEST: CITY OF ENGLEWOOD
Stephanie Carlile. City Clerk Linda Olson, Mayor I
A'ITEST: CITY OF CHERRY HILLS VILLAGE
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