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Home My WebLink About2008 Ordinance No. 020• • ORDI NAN ENO . '2-() SE RIES OF 200 8 -- BY AUT HORITY co rnR Ac1 No. 3-..,-J.o o~ COUNC IL BILL NO . 15 INTRODU CED BY COUNC IL MEMB ER MOORE AN ORD INANCE APPROV ING TH E CON".'RA CT BETWEEN THE CITY OF ENG LEWOOD , CO LORADO, AND ENGLEWOOD LI ON S CLUB FOR MAINTE NANCE OF TH E ENGLEWOOD LIONS CLUB MINIATURE TRAI N. WHEREAS. the Englewood Li ons Club approached th e Cit y rega rdin g cont racting wi 1h th e Cit y for maint enance of th eir minia ture train , which is operated and hous ed at Belle view Park ; and WHEREAS , the Englewood Ci ty Cou nci l approved an agreement between En glewood and th e Eng lewood Lion s Club for main1en ance of the miniature train by the pass age of Ordinance No. IO , Series of2003 ; and WHEREAS, the Co ntra ct auth01ized the extension of th e se rvices for three add iti onal one year periods to be negotiated by th e City Manager or hi s de signec and extensions to the Contract were comp leted fo r th e yea rs of 2005 , 2006, and 200 7; and WHEREAS , the City of Englew ood an d the Englewood Li ons Club desire to continu e such agreement whereby Eng lewood shall pro vi d• the Englewood Li ons Club wi t 1, mai nt enance of th e Eng lewood Lions Club miniature trnin : nnd WHEREAS , the pe,sa r,e of thi s proposed Ordinance au th orizes an Agreement between Englewood and th e Englewood Li ons Club fo r maintenance of the Miniature Train for n one yca1 period and includes a provisi on for an extensi on of service s fo r three additiona l 0 11e Ji:ar penod s; NOW, TH EREFORE , BE IT ORDA INED BY TH E CITY COU NCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sec ti on I. The Co ntra ct between the Cit y of Englewood, Co lorad o and th e Eng lewood Lion s Club pertaining to the maintenance of the Englew oo d Li ons Clu b Miniature Train, atta ched as '"Exhibit A'", is hereb y accep ted and appro ved :• the Englewood Ci ty Co un cil. Sect io n 2. Th e Ci ty Manager is authori zed 10 exec ut e and the Cit y Clerk to attest and seal the Co ntract for and on behalf of the Ci ty of Englewood, Co Jr-ado: and to ne gotiate :md execute extension s of thi s Contract for thre e additi onal one year peri ods. Int rod uced , rea ct in full . and pa ssed on fir st reading nn the 21 st day of Ap ril. 2008 . -1 - 9 bi Publi shed as a Bill fo r an Ordin ance on th e 25th day of April. 200 Rea d by title and pa ss ed on final reading on the 5th day of Ma y. 200 8. Publi shed by title as Ordinance No. ?JJ. Serie s of 200 8, on the 9th da y of Ma y, 200 8. Jnmes K. Woodward , Ma yor I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Co lorad o, hereby certify that the abo ve and foregoing is a true copy of the Ordinance passe n final read inµ and publi shed by title as Ordi nance No.20, Serie s of 2003 . -2 - • • • • • CON TRA CT THI S AGREEMENT, ent ered imo thi s __ day of ____ ~200 8 by and between th e Cit y of Englew oo d, who se address is I 000 Eng lewood Parkw ay, Englewoo d, Co lorado 80 11 0 and The En glewo od Li ons Club , whose addre ss is P.O. Box 205, Eng lewood, Co lorad o 80 I 5 I. TERMS OF CONTRA CT NOW THEREFORE , IT IS AGREED by and between the Ci ty of Englewood and Eng lewood Lions Club that: I . The Ci ty of Eng lewood sha ll , acco rdin g to a schedu le to be made by the Englewood Lions Club and app roved by the City of Englewood, perform maintenance of the Englewood Lions Clu b miniature trai n and shall also perfo rm repairs req uested by Englew ood Lions Club or identified by the City of Englewood duri ng ins pect ion of the mini~ture train. 2. The Cit y of Englewood shall 1epair the miniature train of the Englewood Lio ns Club delivered to the City of Englewood for that purpose in a good, workmanlike manner. 3. The Englewood Lions Club sha ll pay to the City ofEnglewood for such services th e sum of sixty-e ight Doll ars ($68 .00) per hour, in addition to the cost to the City of Engl ewoo d of any parts or outside vendor charges . 4. The City of Englewood will proceed with the performance ofU1e serv ices called for in Paragraph No. I on Janu ary I, 2008 and the Contract sha ll terminate on December 31, 2008. Three additional one (I) year periods may be negotiated by the City Manager or his designee . 5. Th e City of Englewood and the Englewood Lions Club agree not to: refuse to hire, discharge, promote, demo te or discriminate in any matter of compensa tion; performance, services or otherwi se, against an y person otherwise qu alified so lely because of race, creed , sex, color, national ori gin or ancestry . 6. This Contra ct may not be modified , amended or otherw ise ahered unles s mutually agreed upon in writing by the parties . 7. The Cit y of Englewood by and through it s employees and agents shall be consi dered fo r all purposes of th e Con tract, to be ind epend ent contractors and not empl oyees of the Englewood Lions Club . 8. The Englewood Lions Club by and throu gh its empl oyees and agents shall be considered for all purposes of the Co ntra ct, lo be independent contractors and not emp loyees of the City of Englewood . -1- 9. The Ci ty of Englewood shall not assign or transfer it s interest in the Con tra ct wi th out the written consent of the Englewood Lions Club. Any unauthorized assignment or transfer shall render thi s Co ntract null, void and of no effec t as to the Englewoo d Lions Club . I 0. TI1e Englewood Li ons Club shall not assign or tran sfer it s int erest in the Contract without th e written conse nt of the City of Englewood . Al1y unauthorized assignment or transfer shall render the Contract null , vo id and of no effect as to th e City of Englewood. 11 . 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 Englewood Lions Club to th e City of Englewood and upon expiration of the 30 day period, the City of Englewood sha ll discontinue all services in connection with tl,e performance of the Contract. As soo n as practi ca ble after receipt of notice of tennination, the City of Englewood shall submit a statement, showing in detail the services performed tmder the Contract to the date of termination. The Englewood Lions Club shall then pay the City of Englewood pro mptly that proportion of the prescribed charges which the services actually pcrfonned tmder the Contract bear to tl1e total services called for tmder the Contract , les s such payments on account of the charges as have been previously made . 12. All notice, and communications under the Contract to be mailed or delivered to th e City of Englewood sha ll be lo the following address: Director of Public Works City of Englewood l000 Englewood Parkway Englewood , Co lorado 80 I I 0 All notices and communications pert aining lo the Contract sha ll be mailed or delivered to the Englewood Lions Clu b at the following address: Englewood Lions Club P.O . Box Englewood, Co lorado 80 I 5 1 13 . The tenns and condi ti ons of the Contract shall be binding upon each entity, its successo rs and assigns. 14 . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any oublic body whi ch may be a party hereto, nor shall it be construed as giving any rights or ben efits hereunder to anyone other than the Englewood Li ons Clu b and the City of Englewood. -2- • • • • • • IN WITNESS WHEREOF, the panics heret o have executed thi s Co ntract the day and yea r first writte n above . ATIEST : CITY OF ENGLEWOOD Loucrishia A. Ellis, City Clerk James K Woodward, Mayor ATTEST: ENGLEWOOD LIONS CLUB -3 - • • • COUNCI L COMMUNICATION Date: Agen da Item: Subject : April 2 1, 2008 9 a i Englewood lions Clu b Trai n Maintenan ce Agreement In itiate d By: Sta ff So urc e: D epa rtm ent of Public Works Ri ck Ka hm , Direc to r Pat White, Fl ee t Manager COU NC IL GO AL AN D PRE VIO US COUN CIL ACT ION Council 's goal is to utili ze intergove rnm ental and in teragen cy cooperative opportun ities . Similar o pportuni ties ha ve occurred wi th Englewood Sc hools, City of Cherry Hills Village, and the City of Sheridan. RECOMMENDED ACTION Sta ff reco mmends Co uncil approve a Bill for an Ordinance auth ori zing th e Mayo r to sig n an agreemen t w ith th e Englewood Li ons Club . BAC KGROU ND, ANA LYS IS, AND ALTER NATI VES ID EN TIFIED Si nce 1999, th e City of En glewood has provi ded maintenance se rvices to the En glewood Lio ns Club fo r th eir train, w hich operates at Be ll ev iew Park during the summer months. Fo r 2008, th e City w ill p erform ma inten ance at a rate of $68 per ho ur, w hi ch is th e sa m e rate ch arged to th e City o f Sherid an, Eng lewood Schools, and th e City of Cherry Hills Vi ll age. FIN ANCIAL IMPA CT Th e ho urly rate of $68 p er hou r, plu s a 30% mark u p o n part s, will cove r the City's ex pens es for services perform ed. It is es tim ated th at, in 2008, th e City of En glewood w ill re ali ze reve nu e i n the am ount of $3 ,000. LIST OF ATTAC HME NT S Bill fo r an Ordinance