HomeMy WebLinkAbout2008 Ordinance No. 021•
•
•
ORD! ANCE NO . l:L_
SE RI ES OF 200
BY AUT HOR ITY
CONTRACT NO. i. 7-.J..oo8
CO NCI L BILL 10 . 16
I 1TRODUCED BY COU CJL
MEMBER MOORE
AN ORDI NANCE AP PROV ING AN INTERGOVE RNMENTAL AG REE MENT
BETW EEN Tl-IE CITY OF ENGLEWOOD, COLORADO. AND TH E CIT Y OF
CHERRY HILLS VILLAGE . CO LORADO. WH ERE BY l HE CITY OF ENG LEWOOD
WILL PROVID E TH E CITY OF CHERR Y HI LLS VILLAGE WlTH VE HI CLE
MA INTENANC E.
\VHEREAS. th e Ci 1y of Englewood has agreeme nt s with oth er govc nuncnt al cnti 1ic s fo r
th e scniici ng of th e vehicl es of th os e emi ti es since 1992 : and
WHEREAS, th e Cit y of Englewood and th e City of Cherry Hill s Vill age ent ered int o an
intergovernm ental agreement wh ere by Engle wood pro vided Cherry Hill s Vi ll age with
ve hi cle ma intenan ce by th e passage of Ordinance No . 9, Series of 2003: and
WH EREAS , the Cont rac t auth ori zed the extension of th e servi ces fo r three additi onal
one year period s to be negotiated by th e Cit y Man ager or hi s designce and ext ensio ns to
the Cont rac t were co mpl eted fo r th e yea rs 2005, 2006 and W07: and
WHEREAS, th e Cit y of Eng lewood and th e Cit y of Cherry Hi ll s Villa ge desire to
co ntinue such agreement wh ere by Englewood shall pro vide th e Cit y of Cherry Hills
Vill age wi th mainte nance of their vehic les: and
WH EREAS. the passage of th is proposed Ordinance au thori zes an Int ergove rnm en tal
Agreement bet wee n Englew ood and the Ci ty of Che rry Hill s Vi ll age fo r ma int enance of
th eir ve hic les fo r a one year period and in clud es a provis ion fo r an ex tension of services
for three ndditi onal one yen r peri ods:
NOW. THEREFOR E, BE IT ORDA IN ED BY TH E CITY COU NCIL OF TH E CITY
OF ENG LEWOOD . COLORA DO. AS FOLLO WS :
St~t ion I. The int crgovc mm cnta l agree ment betwee n th e Cit y of Che rry Hill s Vi ll age,
Co lorado, and the Ci ty of Englewood. Co lorado. for l'ehic lc mai nt ena nce. all aehed as
"Ex l:ibi t A", is hereby accepted and approved by 1'·. Eng lewood City Cou ncil.
Sec tio n 2. Th e Mayor is auth ori zed to execute and the Ci ty Clerk ID attesl and seal the
Agree ment fo r and on bc hal f of th e Cit y of Englewood, Co lorado .
Secti on 3. The Cit y Mana ge r is authorized to negot iate and sign and 1he Cit y Clerk 10
auest and sea l any ext ensions of this Contra ct fo r 1hrce additio n.ii one year periods fo r and
on be half of th e Cit y of Englewood, Co lorado:
Int rodu ced, rea d in fu ll. and pa ssed on first readi ng on th e 2 1st day of April . 200 8 .
-1-
9 b ii
Pu blished as a Bill fo r an Ordi nance on th e 25"' day of April. 2008 .
Read by titl e and pass ed on fin al read in g on the 5th da y of Ma y, 200
Pu blished by ti tl e as Ord inance No. 2-I . Series of 2008, on th e 9th da y of May. 2008.
(
I, Lo ucri shia A. Elli s, Cit y Clerk of the Cit y of En glewood, Co lorado , hereby cenify
that th e above an d foregoin g is a tru e copy of the Ordinance passed on fin al reading and
publish ed by ti tl e as Ordinanc e No.1--/, Serie s of 2008.
-2 -
•
•
•
•
•
•
CONTRACT
THIS AGREEMENT , emered into thi s __ day of _____ . 2008 by and between
the Cit y of Eng le wood , whose address is . JOO •ngle wood Parkway, Englewood, Colora do 80 110
and th e Cit y of Cherry Hill s Village , whose a~Jre ss is 245 0 E. Quincy Ave. Cherry Hills Vi ll age ,
co 80 11 0.
TERMS OF CONTRACT
NOW Tlll:REFORE, IT IS AGREED by and between the Ci ty of Englewood and the Ci ty of
Cherry Hills Village tha t:
I. The City of Eng lewood. Colorado sha ll perform the following services :
The Ci ty of Englewood shall perfonn all necessary repairs and maintenance on
the vehicles owned by the City of Cherry Hills Village to tr.e satisfaction of the
Ci ty of Cherry Hill s, and the Cit y of Cherry Hills shall pay to the Ci ty of
Englewood for such services the su m of sixty-eight doll ars ($68 .00) per hour, in
addition to the cost to th e City of Englewood of any part s or ou tside vend or
charges plu s thirty percent (30%) handlin g fee .
2. The Ci ty of Englewood will proceed with the performan ce of the services ca lled for
in Paragraph No . I on January I, 200 8 and the Contract shall terminate on December
3 1. 2008 . Three additional one (I) year periods may be negotiated by the City
Manager or ltl s dcsignee .
3. Some maintenance of th e City of Cherry Hill s Village's vehi cles sha ll be performed
by the City of Englewood according to a sc hedule to be made by the City of Cherry
Hills Village and approved by the City of Englewood as part of this agreement , and
sha ll include work requested by Cherry Hill s Vi ll age or work identified by
Englewood during inspection ofthc vehicle.
4. Tite City of Eng lewood sha ll repair any vehicles of the Ci ty of Cherry Hill s Vilhge
delivered to the City of Englew ood for that purpose in a good, workmanlike manne r
5. The City of Eng lewood and the Ci ty of Cherry Hill s Village agree not to : refuse to
hire, discharge, promote, demote or discriminate in any matter of compensation ;
perfonnanc e, services or otherwise , a~ainst any person otherwise qualified so lely
because of race, creed , sex, color, national origin or ancestry .
6. lltls Contract may not be modified, amended or otherwise altered unless mutually
agreed upon in writing by the parties.
7. Th e Ci ty of Englewood by and through its employees and agems shall be co nsidered
for all purposes of the Contrac t, to be independent contractors and not employees of
the City of Cherry Hills Village .
8. The City of Cherry Hills Village by and th rough it s employees and agents shall be
considered for all purpo ses of the Contract , to be independent con tra ctors and not
em ployee s of the Ci ty of Englewood .
• X H I • {
A
9. The Ci1y of Englewood shall not as sign or tran sfer its interest in 1he Cu ntrn ct without
the written con sent of the City of Cherry Hill s Village . Any unauthori zed assi1,s1men t
or transfer shall render th e Contract null, void and of no effect as to the City of
Cherry Hill s Vilh,ge .
l 0. Neither party shali not assign or tran sfer its interest in the Co ntra ct wi1hou1 the
written consent of the other part y. Any un nuthori zed assignmen t or transfe r sha ll
render the Contract null , void and of no effect.
11 . The City of Englewood sha ll oe responsib le for the profe ssiona l quality, technical
accuracy, timely completior, ,m d the coordination of the repairs under the Contract.
Th ; ·,,t y of Eng lewood sha ll , without additiona l compensation. correct or revise any
errors, omi ss ions , or other deficiencies in its services related to the Contract.
•
12. l:lther pany of the Contract may tenninate the Contract by giving to the other pany
30 rlays notice in writing with or without good cause shown. Upon delivery of such
notice by the City of Cherry Hill s 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 proponion of the prescribed charges which the services actually
performed under the Contract bear lo the total services called for under the Contract,
less such paymem s on account of the charges as hove been previously made . •
13 . All notices and comm unications under the Contract to be moiled or delivered to the
City of Eng lewood shall be to the following address:
Direct or of Publi c Works
City of Englewood
I 000 Englewood Parkway
Englewood, Colorado 80 I I 0
All notices and communications penaining to the Contract shall be mailed or
delivered to the City of Cherry Hills Village at th e following address:
Directo r of P•1blic Works
City of Cherry Hill s Village
2450 E. Quinc:i Ave .
Cherry Hill s Village, Colorado 80 113
14 . The tenns and conditions of the Con tract sha ll be binding upon each City, its
successors and assigns.
15 . Nothing herein shall be construed as creating any personal liability on the pan of any
officer or agent of any public body which ,nay be pany hereto, nor shall it be
construe,! as giving any rights or benefits hereunder to anyone other than the Ci ty of
Cherry Hills Village nnd the Ci ty of Englewood . •
-2-
•
•
•
16. Thi s Co ntra ct is 10 be go,·emed by the laws of the Stal e of Co lorado . Venue fo r any
proceed in g brought in rannecti on with thi s Co 111rac1 shall be in Arapa hoe Co um y.
17. Thi s Contract may be exccu tcJ in counterparts , usin g manual . el ec troni c or focsimilc
signatur e, e,,:h of which sha ll b"deemed an original and all of whic h together sha ll
constitute one and the same document.
IN \VJTN:::Ss WtlEREOF, the panies hereto have exec uted thi s Contract the day and yea r first
written abo ve.
ATTEST: CITY Or' ENGLEWOOD
Loucrishia A. Ellis, City Clerk James K . Woodward, Mayor
ATTEST: CITY OF CHERRY HJLLS VILLAGE
, Mayor
,City Clerk
-3-
•
•
•
COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
Apri l 2 1, ~0 08 9 a ii City of Cherry Hills Village Flee! Maintenance
Ag reemen t
Initiated By: Staff Source:
Depa rtmenl of Public Works Rick Kahm, Direc to r
Pat Whil e, Fl ee t Manager
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Council st ri ves to prom ote a coopera ti ve environmen t with intergo ve rnmental agencies. Cou nci l has
approve d fle et maintenan ce ag ree ments w ith the City of Che rry Hills Village sin ce 2003.
RECOMMENDED ACTION
Staff re commends Co uncil app rove a Bill fo r an Ordinance authorizing th e Mayo r to sign an
Intergo ve rnmental Agreement w ith th e City of Cherry Hills V Iii age fo r 2008 fle et maintenan ce provision .
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The City o f Englewood has provid ed fle et maintenance services fo r Cherry Hills Vill age si nce 2003. Fo r
2008, th e City will perform fl ee t maintenance at a rate of $68 p er ho ur, w hi ch is th e sa me rate charge d
to th e City o f Sheridan, Englewood Sch ools , and th e Engl ewood Li ons Club Train .
FINANCIAL IMPACT
Th e hourly rat e o f $68 per ho ur, plus a 30% mark up on parts, will cover all ex penses incurred by th e
City o f Eng lewood. It is es limat~d th at, in 2008, th e Ci ty of En glewood will rea li ze reve nu e in th e
amo unt o f $70,000.
LIST OF ATTACHMENTS
Bill for an Ordinan ce
Intergove rnmental Agreemen t