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HomeMy WebLinkAbout2022 Ordinance No. 055 1 BY AUTHORITY ORDINANCE NO. 55 COUNCIL BILL NO. 59 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP 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 PROVIDE THE CITY OF CHERRY HILLS VILLAGE 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; Ordinance No. 21, Series of 2008; Ordinance No. 48, Series of 2014; and Ordinance No. 37, Series of 2018; 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 following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. DocuSign Envelope ID: 4F6D5470-028B-4F47-B45F-616E71F95958 2 B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of October, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th day of October, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 5th day of October, 2022. for thirty (30) days. Read by Title and passed on final reading on the 17th day of October, 2022. Published by Title in the City’s official newspaper as Ordinance No. 55, Series of 2022, on the 20th day of October, 2022. DocuSign Envelope ID: 4F6D5470-028B-4F47-B45F-616E71F95958 3 Published by title on the City’s official website beginning on the 19th day of October, 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. 55, Series of 2022. Stephanie Carlile DocuSign Envelope ID: 4F6D5470-028B-4F47-B45F-616E71F95958 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CITY OF CHERRY HILLS VILLAGE 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 Cherry Hills Village, whose address is 2450 East Quincy Avenue, Cherry Hills Village, Colorado 80110, collectively referred to as the “Parties”. WITNESSTH WHEREAS, the Parties desire to have the City of Englewood continue to provide to the City of Cherry Hills Village vehicle maintenance for all of the vehicles currently, or in the future owned by, the City of Cherry Hills Village; 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; and 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 __________________________, entered into an intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle maintenance. NOW, THERFORE, IT IS AGREED by and between the City of Englewood and the City of Cherry Hills Village that: 1. Term and Termination. The City of Englewood will provide maintenance services beginning on January 1, 2023 and shall terminate on December 31, 2023. Three additional one (1) year periods may be negotiated and extended by mutual written agreement between the City Manager of each Party or his or her designee. 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 Cherry Hills Village shall then pay the City of Englewood promptly for those services rendered up to the date 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 2800 S. Platte River Drive, Englewood, CO 80110. The maintenance of City of Cherry Hills Village vehicles shall be performed by the City of Englewood pursuant to a maintenance schedule 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 approved by the City of Cherry Hills Village. DocuSign Envelope ID: 4F6D5470-028B-4F47-B45F-616E71F95958 2 The City of Englewood shall repair and maintain City of Cherry Hills Village vehicles in a professional, workman like manner, and within the technical 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 compensation, correct or revise any errors, omissions, or other deficiencies in its services as related to this Agreement. 3. Payment. Starting on January 1, 2023, the City of Cherry Hills Village shall pay the City of Englewood 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. 4. Amendments. This Agreement may not be amended or modified except by written agreement between the Parties. 5. Independent Contractors. The City of Englewood and City of Cherry Hills Village are independent contractors of the other, and neither their employees nor agents shall be considered an employee or agent of the other. The City of Englewood shall be responsible for employing and directing such personnel 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, representatives, or any other person performing duties on behalf of the Englewood under this Agreement, including but not limited to workers’ compensation, unemployment benefits, dental, medical and life insurance, any and all benefit plans, and all other costs and expenses of employees, agents, representatives, or any other person performing duties under this Agreement. 6. Required Insurance. The City of Englewood shall 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 to this Agreement. 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 insurance shall include but not limited to: A. Workers’ Compensation. Insurance to cover obligations imposed by applicable laws for any employee of the 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 established from time to time by the Colorado Governmental Immunity Act, Part 1 of Article 10 of Title 24, C.R.S. (“Act”). The policy shall include coverage for bodily injury, broad form property damage (including complete operations), personal injury (including coverage for contractual and employee’s acts), blanket contractual, products, and completed operations. 7. 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. 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 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 DocuSign Envelope ID: 4F6D5470-028B-4F47-B45F-616E71F95958 3 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 Immunity. No portion of this Agreement shall be deemed to constitute 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 to any person not a party to this Agreement. 10. 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. 11. 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 Cherry Hills Village: Director of Public Works City of Cherry Hills Village 2450 East Quincy Avenue Cherry Hills Village, Colorado 80110 12. Article X, Section 20 (TABOR). The parties understand and acknowledge that the Parties are subject to Article X, §20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements 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, notwithstanding 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, budgeted, 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. 14. 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. DocuSign Envelope ID: 4F6D5470-028B-4F47-B45F-616E71F95958 ATTEST: CITY OF ENGLEWOOD __________________________________ ________________________________ Stephanie Carlile, City Clerk Othoniel ATTEST: CITY OF CHERRY HILLS VILLAGE ________________________________ _______________________________ Laura Gillespie, City Clerk Russell O. Stewart, Mayor DocuSign Envelope ID: 4F6D5470-028B-4F47-B45F-616E71F95958