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HomeMy WebLinkAbout1990 Ordinance No. 062C CJUlDWlCE NO.~ 5EJlIES OF 1990 BY AtJl'HORITY 9 (e) CXXJNCIL BILL NO, 70 INTRCOOCl:ll BY OXJOCIL MEMBER IIA'll!ANAY , AN CJUlINANCE l\!JT1DUZING AN INl'ERGOVERIM:Nrl\L l\GREEMFNl' BE'rnEEN THE CIT'l OF EllGLEJOXJ l\tlD 'lllE CITY CF L1'::'l'LE:I'CN CCNCER!IING 'll!E SHARm PERSrnNEL SERVICES OF A "ROCYCLING (X)()R))DlATOO." ~l!IERFJ\S, the Citi es j ointly sul:rnitted an application to the State of Colorado for a grant c.: funds to inplement programs to encourage recycling and to roonitor the re:\.,Jt.i ve success of such programs; and tn!ERI'AS, the Cities have been awarded the grant and the City of Engle,;ood shall be retaining the services of a Recycling Coordinator who will ""'rk on behalf of xith Cities en their recycling programs; and \·IHEREAS, the Cities are auth r i zed to enter into intergovei.nnental agreenents under their Charters, t.~e provisions of Article XVI, Secticn 18, of the Colorado Constitution and Title 29 , Article 1, Part 2, C.R.S.; Nell, THEREFCm:, BE IT ORDAINED BY 'lllE CITY OXJOCIL OF 'lllE CIT'l OF fllGLI'l•OJD, COLa>AOO , •s FOLLa·1S: Sectlon • ',: ... t an agreesrent entitled "Intergovermental l\greenent llet1<eeii""niec:ltie" ot Littleton, Colorado, And Englewood, Colorado Concerning Shared Services Of An Individual To Inplerrent 11ecycling Programs" bet...een the City of Englewood and the City of Littletcn is hereby ,owroved by the City Ccuncil. said Agreement pro\'ides generally as follows : 1. Engle,;ood shall advertise for, and hire, with the advice and consent of the City of Li ttleton, an individual to perfonn duties as generally outlined in t."ie grant as approved by the Col orado Office of Energy Cons=ation, saretill'es referred to as the SMART Grant. The Contract for Servic6s between said individual and Engle,;ood shall ocntain provisions nutually acceptable to the Cities' ~!Magers or their designees. 2. The term of said Contract for Services shall be for a period of one year, cam-encing on or about December 1, 1990 . 3. The indivi dual shall he loaned by Engle,;ood to Littleton for arproxil1'ately twenty ( 20) hours per week. The till'e schedule of hours or days that said in ell vi dual is loaned shall be 1TUtuall y agreed 1;x,n by the Cities' Managers or their c'esignees. The individual :,ired shall, ,men '"'rking on behalf of Littleton, be deerred a loaned errployee of Englewood for the purposes of the provision of any statutory or other benefits includin<J but not limited to 1,orkr.ens and unerrplcyment OCJTpCnsation. -1 - 4. While performing dutic,s under his or her Contract for Servkes, the individual sha ll be s~ised by the Citil!s' Directors of Camu1.1ity Development. 5. Insofar 115 may be all"""'1 by law, and withoot intending to waive any defenses under the Governn-ental Imnunity ;>ct, the Constitution or Statutes of the State of Colorado or any ordinances of the Cities, and withoot waiving any right agree among th,., selves to be jointly liable for any proved injuries or damages caused by c:he e,rployee to third parties while the errployee is acting within the scope and ccurse of his or tv!r errploy,rent . 6. During the term of this agreerrent, Englewood shall require that the hired individual is adequately covere d under its autarobile insurance for work done by the individual while he or she is loaned to Littleton. 7. Tenn. This l\greement shall remain in effect unt.il the cx:r,pletion and delivery of services and reports requ!.red under the Contract for Services between Englewood and the hired individual. 8. Rerredies for Default. Should either City fail to cx:r,ply with the provisions set forth in this Agreen-ent, the aggrieved City shall rr-tify the nonca-np ying City of the default. If the noncCJ!l)lying City has oot remedied the default within thirty (30) days after receipt of the ootice of default, the aggrieved City rray, at its q,tion, rraintain an act;.on in a coort of c:a,petent jurisdiction for specific perforrrance, declaratory judgement, injunctive relief, or any other apprq,riate relief. :i:n t he event of liti<)ation to enforce this Agreerrent, each City shall :>.' reS!'(lnsible for its """ costs, including its attorney fees. 9. This docment contains the entire agreerrent between the Cities, and no statements, pranises, or inducements rrade by either party or agent of either party that is not contained in this written agreen-ent shall be valid or binding . This agreen-ent rray not be nodified exrept in writing, e: _ 1ted with the sane forrrali ties as this Agreen-ent. Introduced, read in full, and passed on first reading en the 3rd day of Decerrber, 1990. Published a c n Bill for an Ordinance oo the 6th day of Decerrber, 1990. Read by titlP. md passed on final reading oo the~day vf~ 1990 . -2 - Published by title as Ordinancr. llo. 62, Series of 1990, on the 20th d1r:{ of !lecent>er, 1990. - ~;'~-~~ Patrca H. era,,, cit.,j Cler I, Patricia H. C'rcr,,, City Clerk of the City of J;)l(J l awood, Coloracb, hereby cert ify that the above and foregoing i s a true a:JfJ"f nf the Ordinance passed on f.inal reading and published by title as Ordinance !lo . ~ Series of 1990. ~ ~--#.~ i>afrci}H. ero,, -3 - INTERGOVEkNMENTAL AGREEMENT BETWEEN THE CITIES OF LI'l'TLETON, CO!.ORAOO, AND ENGLEWOOD, COLORADO CONCERNING SHARED SERVICES OF AN INDIVIDUAL TO IMPLEMENT ~ECYCLING PROGRAMS THIS AGREEMENT is eutered into by and between the City ot Littleton, Colorado ("Littleton") , and the City of Englewood, Colorado . ("Englewood"), hereinafter referred to as the "Cities." WHEREAS, the cities jointly submitted an application to the State o! Colorado for grant funds to implement programs to encourage recycling and to monitor the relative success of such programs; WHEREAS, the Cities have been awarded said g r ant and the City o! Englewood shall be retaining the services of an individual , who shall be an Englewood employee, to work on behalf of both Cities on their recyclin~ programs; and WHEREAS, the Cities are authorized to enter inlo intergovernmental agreements under their Charters, the prov i sions of Article XIV, Section 18, of tho Colorado Constitution and Title 29, Article 1, part 2, C.R.S. NOW , THEREFORE, for and in consideration of the mutual &romises contained herein, the Cities ag r ee as follows: 1. Englewood ~hall advertise fo r , and hire, with the advice and c:onsent of the City of Littleton, an individual to pe,·form duties as generally outlined in the grant as app.·oved by the Colorado Office o! Energy Conservation, sometimes refe rred to as the SMART Grant. The Contract for Services between said individual and Englewood shall contain provisions mutually acceptable to the Cities' Managers or their designees . 2 . The term of said Contract for Services shall be !or a period of one year , commencing on or about December l , 1990. 3. The individual shall be loaned cy Englewood to Littleton for approximately twenty (20) hours pe r week. The time schedule of hours or days that said indivi dual is loaned shall be mutually agreed upon by the Cities' Managers or th eir desi gne es. The individual hired shall, when working on behalf of Littleton, be deemed a loaned employee of Englewood for the ourposes of the prov ision of any statutory or other benefita including but not limited t o workmens and unemployment compensation. 4. While pe r forming duti e s under his or her-Contra,::t for services, the individual shall be supervised by the Cities' Directors of Community Development. 5. Insofar as may be allowed by law, and without intending to waive an y defenses under the Governmental Immunity Act (C,R .S . section 24-10-101, et seq .), the Constitut ion or Statutes of the St.ate of Col orado o r any ordinances of the cities, and without waiving any right agree among themsel v es to be jointly liable for any proved injuries or d amages caused by the employee to th irJ parties while the employee is acting within th e scope and course of his or her employment. 6. During the term of this agre~me nt, Englewood shall require that the hired individual is a dequately covere:l under its automobile -1- ... insurance for work done by the individual while he or she is lo~n.ad to Littleton. 7. Term. This Agreement shall remain in effect until t ha completion and delivery of services and reports required under tha Contract for Services between Englewood and the hired individual. 8. Remedies for Default . Should either City fail to comply with the provisions set forth in this Agreement, the aggrieved City shall notify the noncomplying City o f >h e default. If the noncomplying City has not remedied the def a u :,: wi thin thirt y (JO) days after receipt ot the notice of default, the a ~,ri ~v ed Ci ty m,y, at its option, maintain an action in a court of com petent iurisdiction fo r spec ific nerformance, declari .t ory judgement , L,: ,,· ;c:t i ve r e lief, or any other appropriate relief. 1n the event ,r J \ t ::.C,t ion to en f orce t h is Agreement, each City shall be responsible fo t : t s, c,·.m costs , including its attorney fees. 9. This 1ocument contains the entire agreement between the Cities, and no statements, promi ~es, or inducem~nts made by either party or agent of either party tnat i s not conta ined i n this written agreement shall be valid or binding. This agreement may not be modi f ied except in writing, executed with th~ same formalities as this Agreement. IN WITNESS WHEREOF, the parties have set their hani! and seal on the date indicated below . C DATED 'Qrz,,.-e,..,n.Jk,u d ·1 ATTEST: ,,... , 1990 CI~:i;:_/7VU{ -°<:'>:1u0°¼~J .,,-·~y Clerk ' u ATTEST: City Clerk JAR/gbg/1190-012 By . · d4 ,,,t;;,,,,_ President of City Council CITY OF ENGLEWOOD B : Mayor APPROVED AS TO FORM: City Attorney -2- u COUNCIL COHM"JNI n toN ~, DATE AGENDA ITEM SUBJECT Englewood/Litt let on Intergovernmental December 3, 1990 II (a) "9 r eement Re : Implementation of the R~c ycling Grant INITIATED BY Department of Community De velopment STAFF SOURCE Richard s. Wanush, Oirecto£ :.,f Corm,unity Development ISSUE/ACTION PROPOSED Authorize an Intergovernmental Agreement l:ia!'.ween the cities of Englewood and L.ittle- ton concerning the shared personnel aervict;!G of a "R&C)•cling Coordinator ... Thia "Recyclln9 coordinator " will be hired with funds a1-1.irded to both cities from the State of Colorado. PREVIOUS COUNCIL ACTION The Mayor authoriz.ed the south Metro Area Recycling of Trash (SH.ART) grant applica- tion on June 28, 1990. This application contain ■ provisions for the joint uae of staff by Littleton and Englewood. STAFF A.NA.LiSIS Thia propo ■ad Intergovernmental Agreement i 1n plemants what was contemplated when the joint SMART application wa ■ submitted. A u .ng le recycling coordinator waa proposed to be jointly ■hared by Littleton and Englewood. BACKGROUND Sae above. A $90 ,000 grant was approved by the State with $20,000 earmarked tor a Recycling Coordinator. Additional funds in t na amount of $18,000 have been ·appropr iated in the 1991 En9lewood bud9et to cover the cos t of additional personnel or admini ■tra­ tiv■ expense ■ ehould the need ari ■e.