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HomeMy WebLinkAbout2004 Ordinance No. 025• • • ORD INANC E NO . ,0 SER I ES OF 2004 BY AUT HORI TY CO NTRACT NO. J.S--o{oof COUNC IL BILL NO . 6 INTRODU CED BY COUNC IL MEMBER BRAD SHAW AN ORD INANCE AUTHORIZING AN INTERGOVERNMENTA L AGR EEMENT BETWEEN TH E CITY OF WEST MI NSTER , COLORADO AND THE CITY OF ENCLEWQOD , COLORADO FOR A EXC HANGE OF THE CITY OF ENGLEWOOD'S ROTOM ILLI NG SERV ICES TO THE CIT Y OF WESTM INSTER IN RETURN FOR THE SERV ICES OF THE CITY OF WESTM INSTER STREET STR IP! G MAC HI NE WH EREAS, th e Ci ty of Englewood owns, opera tes and mai nt ains a ro 1om illi ng r.-achi nc utili zed to remove th e as pha lt or conc rete sur face fr om roa dwa ys fo r th e purp ose of over lay ing new aspha lt or co ncrete ; and WH EREAS , th e Ci ty of We stm inste r ow ns, ope rat es and mai nt ain s a stree t stri pi ng mac hine ; and WHEREAS, th e Cit y of Eng lewood has bee n provi ding rn tom ill in g services lo th e Cit y of Wes tmin ster in exc hange for pain t strip ing serv ices by th e Ci ty of Wes tmins ter fo r the past 15 yea rs with out a fon nal agree ment ; and WHEREAS, both citi es recog ni zed th at by shari ng th ei r equ ipment , they co uld accom pl is h 1h ci r need s wi th out purcha sing ano th er piece of eq ui pment ; and WHEREAS , th is agre ement prov ide s the Ci ty of Wes tmin ster wit h rotomi llin g services by the Ci ty of Engl ewood in exch an ge for th e Cit y of Wes tmi ns ter's stri pi ng se rvices for Eng lewood 's streets ; and WH EREAS , th e ci ti zens of bo th th e Cit y of Englewood anri :he Ci ty or \Vcs tm ins tcr benefi t from such an ag reeme nt ; NOW , THE REFORE, BE IT ORDA INED BY THE CITY COUNC IL OF THE CITY OF ENG LEWOOD , CO LORA DO, AS FO LLOWS: ~I. The Intergove rn menta l Ag ree men t, auac hcd hcrc 10 as "Exhibi 1 A," is he reby accep ted and app roved by the Englewood Ci ty Counc il. ~. The Mayor is au1horizcd 10 excc u1 c and 1h c Ci ty Cle rk to att csl and sea l th e Agreeme nt fo r and on be half or th e Ci ty of Englewood , Co lorado . Int roduced , read 111 ful l, J nd pa sse d on fi rst reading on the 5t h day of April , 2004 . -1- Published as a Bill for an Ordinance on 1hc 23rd da y of April, 20 04 . Read by 1i1lc and passed on final readin g on 1h e 3rd day of Ma y, 20 04 . Publi shed by 1i1l e as Ordinance No .~ Series 2004. I, Loucri shia A. Ellis , Ci1y Clerk of 1he Ci 1y of EnglewMd, Colorado, hereby certify Iha! lhe above and foregoing is a !rue copy of 1he Ordina e pa ssed on final reading and published by 1i1le as Ordinance No.gs; Seri of -2- • • • • • INTERG t R'.'iMENTAL AGREL\,IE'.'IT THIS INTERGO VERNMENTAL AGREEMENT . dated thi s 15th day of March , 200L , is made and entered into by and between the CITY OF ENGLEWOOD , a municipal corp oration ("Englewo od "), and the CITY OF WESTMINSTER. a mun icipal corporation ("W estmin st er"). WHEREAS , pursua r.t to C.R.S. § 29-1-203, C.R.S ., as amended, governmental entities ma y coopera te or contract with one another to pro vide any function, service or facili ty lawfully authorized to each , an d WHEREAS , the each City ow ns machinery and employs operators for the purpose of maintaining it s streets , and WHEREAS , Engle wood wi shes to loa n it s mill ing machine to Wes tminster and Westm ins ter wis hes to loan its stripi ng mach ine to Englewood . NOW THEREFORE, the Cities agree to exchange the use of the machines according to the term s of this Ag re ement: 1. Each City shal l loan its machinery to the other City upon request of its Street Operations Manager or ot her official des ig nated by the City, for a period not to exceed five (5) da ys per calendar year. 2. The machinery loaned by each City shall be ope ra ted by em ployees of the lending City at all times . 3. The employee s shall remai n unde r the supervision and co ntrol of the lending City even when working in the other City. and the lending City shall remain so lely responsible fo r the employee s· pay, benefits . and discipline . 4. The lending City shall be respo ns ible fo r any insu, anc o of its macnine ry and its transportation , and shall be resp o nsible for repai r and maintenance of its machinery . 5. Transportation to ar d fro m one City to the other will be arranged betw ee:i the Stre et Ope rat ion Man agers of the two Ci ties . with the lendi ng City to ha ve fi nal co ntro l if there is an y co nfii ct. 6. Th is Agree ment shal l co mmence wi th the cale ndar year of 2004 and sha ll remain in effect until ei ther City notifies the other of its desi re to te rm in ate the Agreement upon thirty (30 ) days notice . A IN WITN ESS WHEREOF, the Cities he re have executed th is Agreement to be effective as of the da te first above written . CITY OF WESnlINSTER ATTEST : APPROVED AS TO FORM : J/,w= 91,,/4,,w,, ----- Sharon W idener, Assistant City Attorney CITY OF ENGLEWOOD Doug las Garrett , Mayor ATTEST : Loucrisha A . Ellis, City Clerk • • • • • COUNCIL COMMUNICATION D.itc: Agenda Item: Subject : Intergovern men tal Agreemen t (IGA) April 5, 2004 lO a i wi th City of W estm ins ter fo r Eq uipment Sharin~ Ini t iated By: I Staff So urce: Publi c W orks Ke n Ross, Direc tor of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No p revious City Cou ncil ac ti on has be en tak en. RECOMMENDED ACTION Approva l of a Bill fo r an Ordinan ce to en t er into an agr ee ment w ith the City of Westm ins ter tu fo rm alize an Equipment Sha ring arr angement. BACKGROUND, ANALYSIS, AN D ALTERNATIV~S IDENTIFIED Approximately fifteen yea rs ago, w hil e attendi ng an American Publi c Works Association (A PWA) mee ting, th e stree ts managers for th e Cities of Fn glewood and W estminst er recognized th at eac h had eq uipment that was useful to the o th er, i.e ., En glewood w as in need of a stree, striping machine, w hil e Westm in ster was in nee d of a rotomil ma chin e. Th ey recognized th at, b y sharing th ei r equipmen~ th ey co uld acco mplish their nee ds w ithout purchas ing another piece of equip ment. Each ye .,,, Westminster provides th e equipment and •na npower to stripe Englewood 's streets in th e spri ng. Ir re turn, Engl ewood provides th e ro tomil ma chin e an d an operator to ro tomi l W estm in f te r's stree ts th at th eir crews plan to ov erlay during th at summer. Thi s arrangemen t, typica ir y equates to abou t 5 da ys of equipment sharing eac h yea r. Thi s arrangem ent has bee n wor king well sin ce th e late 1980s. Westminster's City Cou n cil has requ es ted th at th e two ci ties enter into a fo rm al ag ree ment to sti pulate sup ervision, control, insurance , maint enance, and transp ort ation issue s. Th e Ci ty Att orn ey fo r W es tmin ster has pro vid ed th e attached Intergovernmental Ag ree ment (IGA), w hi ch ha s bee n rev iewed by our staff and o ur City Att orn ey . FINANCIAL IMPACT Th is arrange ment saves th e City of Engl ewood fr om havi ng to own and maintain a $200,000 striping machi ne, or fr om havi ng to adve rt ise an d bid out our st ree t stripin g program each yea r. LI ST OF ATTACHMENTS Propose d J rdinan ce Proposed IGA