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Home My WebLink About2014 Ordinance No. 048ORDINANCE NO. ti-? SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN Il'ITERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF CHERRY HILLS Vil.LAGE WITH VEHICLE MAINTENANCE. WHEREAS, since 1992 the City of Englewood has serviced vehicles for other governmental entities; and 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;and 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; and 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; 9b i Introduced, read in full, and passed on first reading on the 6th day of October, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of October, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of October, 2014 for thirty (30) days. Read by title and passed on final reading on the 20th day of October, 2014. Published by title in the City's official newspaper as Ordinance No. t/f, Series of 2014, on the 24th day of October, 2014. Published by title on the City's official website beginning on the 22nd day of October, 2014 for thirty (30) days. ~~:?:: Ran~.Penn,Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is _a J!,)le copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2014. --,~~ CONTRACT THIS AGREEMENT, entered into this !"If~ day of ~!cl T , 2014 by and between the City of Englewood, whose address is 1000 Englewood Par ay, Englewood, Colorado 80110 and the City of Cherry Hills Village, whose address is 2450 E. Quincy Ave, Cherry Hills Village, co 80110. TERMS OF CONTRACT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the City of Cherry Hills Village that: 1. The City of Englewood, Colorado shall perform the following services: The City of Englewood shall perform all necessary repairs and maintenance on the vehicles owned by the City of Cherry Hills Village to the satisfaction of the City of Cherry Hills, and the City of Cherry Hills shall pay to the City of Englewood for such services the sum of seventy-eight dollars ($78.00) per hour, in addition to the cost to the City of Englewood of any parts or outside vendor charges plus thirty percent (30%) handling fee . 2. The City of Englewood will proceed with the performance of the services called for in Paragraph No. 1 on June 1, 2014 and the Contract shall terminate on May 31, 2015. Three additional one (1) year periods may be negotiated by the City Manager or his designee. 3. Some maintenance of the City of Cherry Hills Village's vehicles shall be performed by the City of Englewood according to a schedule to be made by the City of Cheny Hills Village and approved by the City of Englewood as part of this agreement, and shall include work requested by Cherry Hills Village or work identified by Englewood during inspection of the vehicle. 4. The City of Englewood shall repair any vehicles of the City of Cherry Hills Village delivered to the City of Englewood for that purpose in a good, workmanlike manner. 5. The City of Englewood and the City of Cherry Hills Village agree not to: refuse to hire, discharge, promote, demote or discriminate in any matter of compensation; performance, services or otherwise, against any person otherwise qualified solely because of race, creed, sex, color, national origin or ancestry. 6 . This Contract may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. 7. The City of Englewood by and through its employees and agents shall be considered for all pwposes of the Contract, to be independent contractors and not employees of the City of Cherry Hills Village. 8. The City of Cherry Hills Village by and through its employees and agents shall be considered for all pwposes of the Contract, to be independent contractors and not employees of the City of Englewood. -1 - I! X H I B I T A 9. The City of Englewood shall not assign or transfer its interest in the Contract without the written consent of the City of Cherry Hills Village. Any unauthorized assignment or transfer shall render the Contract null. void and of no effect as to the City of Cherry Hills Village. 10. Neither party shall not assign or transfer its interest in the Contract without the written consent of the other party. Any unauthorized assignment or transfer shall render the Contract null. void and of no effect. 11. The City of Englewood shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of the repairs under the Contract. The City of Englewood shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its services related to the Contract. 12. Either party of the Contract may terminate the Contract by giving to the other party 30 days notice in writing with or without good cause shown. Upon delivery of such notice by the City of Cherry Hills Village to the City of Englewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all services in connection with the performance of the Contract. As soon as practicable after receipt of notice of termination, the City of Englewood shall submit a statement, showing in detail the services performed under the Contract to the date of termination. The City of Cherry Hills Village shall then pay the City of Englewood promptly that proportion of the prescribed charges which the services actually performed under the Contract bear to the total services called for under the Contract, less such payments on account of the charges as have been previously made. 13. All notices and communications under the Contract to be mailed or c;ielivered to the City of Englewood shall be to the following address : Director of Public Works City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the City of Cherry Hills Village at the following address : Director of Public Works City of Cherry Hills Village 2450 E. Quincy Ave. Cherry Hills Village, Colorado 80113 14. The terms and conditions of the Contract shall be binding upon each City. its successors and assigns. 15. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City of Cherry Hills Village and the City of Englewood. -2- • • 16. This Contract is to be governed by the laws of the State of Colorado . Venue for any proceeding brought in connection with this Contract shall be in Arapahoe County . 17. This Contract may be executed in counterparts, using manual, electronic or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one and the same document. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above. ATI'EST: CITY OF ENGLEWOOD Loucrishia A. Ellis, City Clerk Randy P. Penn, Mayor ATIEST: -3 - , COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 6, 2014 Intergovernmental Agreement with 11 a i City of Cherry Hills Village for Vehicle Maintenance and Repair Initiated By: Staff Source: Department of Public Works Pat White, Fleet Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION An Intergovernmental Agreement that has been in place for approximately 12 years to provide vehicle maintenance and repair for the City of Cherry Hills Village. Continuation of the contract was discussed on the July 28, 2014 Study Session. RECOMMENDED ACTION Staff recommends Council approve a bill for an ordinance to continue with an Intergovernmental Agreement with Cherry Hills Village for Vehicle Maintenance and Repair. -BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Cities of Englewood and Cherry Hills Village have maintained an Intergovernmental Agreement for Vehicle Maintenance and Repair for approximately 12 years. Based on Council's direction at the July 28, 2014 Study Session, staff negotiated an increase in the labor rate with Sheridan. FINANCIAL IMPACT Increase in labor rate from $68 per hour to $78 per hour. This contract provides $65,000 • $100,000 in revenue to the City on a yearly basis . LIST OF ATTACHMENTS Proposed Bill for an Ordinance