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HomeMy WebLinkAbout1993 Ordinance No. 026• • • BY AUTHORITY ORDINANCE NO .d:/., SERIES OP 1993 COUNCIL BILL NO . 27 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING AN INTEROOVERNll .ll!NTAL CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COWRADO AND THE CITY OP SHERIDAN, COW RADO FOR SHERIDAN 'S VEHICLE MAINTENANCE . WHEREAS, the City of Englewood and the City of Sheridan desire lo enter into an intergovernmental agreement whereby Englewood ■hall provide Sheridan with vehicl • maintenance: NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sl:c.ilm.1 . The City Council of the City of Englewood, Colorado hereby approves the entering into a contract city the City of S!,eridan, Coloredo for the maintenance of the City of Sheridan's vehicles . The t•rms of such contract are generally as follows : A. B. C. D. 1'he City of Englewood, Colorado shall perform the following services: The City of Englewood shall perform all necessary repairs and maintenance on the vehicle ■ owned by the City of Sheridan lo the City of Sheridan's satisfaction, and the City of Sheridan ■hall pay lo the City of Englewood for such services the sum of Twenty.Eight Dollars (S28 .00) per hour, in addition lo the cost ID the City of Englewood of any parts or outside vendor charges plus Twenty percent (20%) handling fee . The City of Englewood will proceed with the performance of the services and continue for an in definite term . Some maintenance of the City of Sheridan's vehicles shall be performed by the City of Englewood according lo a schedule lo be made by the City of Sheridan and approved by the City of Englewood u part of this agreement, and shall include work requested by Sheridan or work identified by Englewood during inspection of the v.-hicle. The City of Englewood shell repair any vehicles of the City of Sheridan delivered lo the City of Englewood for that purpose in a good, workmanlike manner. E . The City of Englewood and the City of Sheridan agree not lo refuse lo hire, discharge, promote or demote or discriminate in any matter of compensation; performance Or services or otherwise, against person otherwise qualifi ed sole h because or race , creed , sex, color, national origin or ancettry. F. The Contract may not be modified, amended or otl-.erwi 1.,, altered ·unless mutually agreed upon in writing by the parti es . -)- 10 d G. The City or Enclewood by and thTO"lh ita employee■ and qenta 1hall be ,:onaidoncl for all :,urpoaea of the Contract, to be independent oontracton and not employeeo of the City of Sheridan. H . The City of Sheridan by and throuch ita employee ■ and apnta shall be con1idered for all purpoaea of the Contract., to be independent oontracton and not employee ■ or the City of Englewood. I. Punuant to Section 29•1-110., C.R.S., u amended, financial obligation • or the City or Sheridan payable aa set forth herein, after the current fi 1<al year, are contingent upon funds for that purpose being appropriated, budeeted and otherwise made available. The Contract may be terminated on January 1 of the fint fiscal year for whith funds are not appropriated. The City of Sheridan 1hall give · 30 days written notice or 1uch nonappropriation. J . The City of Englewood ,hall not uaign or tranafer ita intereat in the Contract without the written consent of the City of Sheridan. Any unauthorized assignment or tranafer shall render the Contract null, void and or no effect as to the City of Sheridan. K . The Ci ty of Sheridan aha II not assign or transfer its interest in the Contract without the written consent of the City of Englewood. Any unauthorii•d assignment or transfer shall render the Contract null, void and of no effect a s to the City of Englewood. L. The City ofEnelewood shall be reaponsible for the profeuional quality, t.echoical accuracy, timely completion and the coordination of the repairs under the ContracL The City shall, without additional compensation, correct or revi se any errors, omissions, or other deficiencies in his services related to the Contnct. M . Either party of the Contract may terminate the Contract by giving to the other 30 days notice in writing with or without good cause shown. Upon delivery of auch notice by the City of Sheridan to the City or Englewood and upon expiration of the 30 day period, the City of Englewood ,hall discontinue all service, in connection with the performance of the Contracl & soon aa practicable aft.er receipt of notice of termination, the City of Englewood shall 1ubmit a at.element, showing in detail the services performed under the Contract to the date of termination. The City of Sheridan shall then pay the City of Englewood promptly that proportion of the prescribed charges which the se rvice s actually performed under the Contract bear to the total 1ervice1 called for under the Contract., les s s uch payments on account of the charge• as have been previously made. N. Nothing herein ti hall be constn1ed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rii:t,ts or benefits hereunder to anyone other than the City of Sheridan and the City of Englewood. Introduced, read in full, amended and passed on first reading on the 3rd day of May, 1993 . • • Publiahed u a Bill for an Onlinance on thelllh day of May, 1993. Read bylitleandpuoedon final......,,on the 17th ~of.May, 1993. Publiahed by bt,e u Ordinance No.2.kzSeriea a( 1993, on th, 20th day of May, 1993. u.r~~-if' Patricia H . Crow, City Cl erk o.,~. ~-' \ .. - a;l:i.wi~ I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paased on final reading and published by title as Ordinance No~. S ri es of 1993 . -3 - CONTRACT THIS AGBEEME!ff, entend into thia __ day of ___ ~ 1993 by and between • the City of Englewood, whose addreu is 3400 South Elati Street, Englewood, Colorado 80110 and The City Of Sheri cw,, whooe addnt1 iA 4101 South Federal Boulevard, Enclewood, Colorado 80110. 'JERMS OF CONTRACT NOW THEREFORE, rr IS AGREED by and between the City of Englewood and the City of Sheridan that: 1. The City of Englewood, Colorado shall perform the following services: The City of Englewood &hall perform all neceuary repaire and maintenance on the vehicles owned by the City of Sheridan to the Ci ty of Shericw,'1 ■ati ■faction, and the City of Sheridan shall pay to the City of Englewood for ouch ■ervices the 11111> of Twenty-Eight Dalian ($28.00) per hour, in addition to the cost to the City of Englewood of any part.a or outside vendor charges plus Twenty percent (20%) handling fee. 2 . The City of Englewood will proceed with the performance of the services called for in in Paragraph No . 1 on _____ 1993 , and the Contract shall terminate on ____ 199_. 3 . Some maintenance of the City of Sheridan's vehicle■ shall be performed by the City of Englewood accordini: to a schedule to be made by the City of Sheridan and approved by the City of En glewood as part of this agreement, and shall include work requested by Sheri dan or work identified by Englewood during inspection of the vehicle. 4 . The City of Englewood shall repair any vehicles of the City of Sheridan delivered to the City of Englewood for that purpose in a good, workmanlike manner. 5 . The City of Englewood and the City of Sheridan agree not to refuse to hire, discharge, promote or demote or discriminate in any matter of compen sation; performance or servicP.1 or otherwi se, against person otherwise qualified solely becaus e of race, creed, aex, color , national origin or ancestry . 6 . The Contract may not be modified, emended or otherwise altered un less mutually 81,"l'eed upo n in writing by the parties. 7. The City of Englewood by and through its employee& and egents shall be considered for all purpo ses oftne Contract, to be independent contractors and not employees of the City of Sheridan. 8 . The City of Sheridan by and through its employees and egents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City of Engl ew ood . -I. • • • 9. l'llnuant lo Sactlon 29-1-110-, C.JlS., •• amended, financial obliptiona of the City ol Sheridan p-,yabla r.a 1H fortli herein, .a. lh• cun-ent 6ocal Y••• are caniJJlpnt upon funcla for that pu,_ bema appropriated, budpted and otherwiae made availabla. The Contract may be terminated on January I of the first fiacal year for which funda are not appropriated. The City of Sheridan ahall give 30 day ■ written notice of ■uch nonappropriation. 10. The City of Englewood shall not assign or transfer its interest in the Contract without the written conaent of the City of Sheridan. Any unauthorized assignment or transfer shall render the Contract null, void and ofno effect as to the City of Sheridan. II. The City of Sheridan shall not auign or transfer its interest in the Contract withou•, the written con se nt of the City of Englewood. Any unauthorized assignment or transfer shall render the Contract nuJI, void and of no effect as to the City of Englewood . 12. The City of Englewood shall be responsible for the profe11ional quality, technical accu-acy, timely completion and e coordination of the repairs under the Contract. The Ci ty shall, without •dditional compensation, correct or revise any errors, omissions, or other defici en .--i es in his services related to the Contract. 13. Either party of the Contract may terminate the Contract by giving to the other 30 days notice in writing with or without good cause shown. Upon delivery of such notice by the City of Sheridan lo the City of Englewood and upon espiration of the 30 day period, the City of Englewood shall diacontinue all services in connection with the performance of the Contract. >J soon as practicable after receipt of notice of termination, the City of Englewood shall submit a ltatement, showing in detail the services performed under the Contract lo the date of termination. The City of Sheridan shall then pay the City of Englewood promptly that proportion of the prescribed charges which the servicea actually performed underllle Contract bear lo the total services called for under the Contract, less such payments on account of the charges as have been previously made. 14 . All notices and communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Charles Esterly, Director of Public Works City of Englewood 3400 South Elati Street Englewood, Colorado 80ll0 All notices and communications pertaining to the Contract shall be mailed or delivered to the City of Sheridan at the following address: City of Sheridan John Christensen, Superintendent of St reets, Buildings & Grounds ,101 South Federal Boulevard Engl ewood , Colorado 80ll0 15. The terms and conditions of the Contract shall be binding upon each Ci ty, its s uccessors and a ssigns . -2 · 18 Notliinjr herein ,hall be conotnied H erutins any penonal liability on the part or any officer or apnt of any public body which may be party hereto, nor ■hall it • be -,otrued u slvlnc any rlehto or benefit■ heTeunder to anyone other than the City or Sheridan and the City or Englewood. IN WITNESS WHEREOF, the partie1 hereto havo executed thi1 Contract the day and year first written above. A'ITEST: CITY OF ENGLEWOOD Patricia H . Crow, City Clerk Clyde E. Wigina, Mayor A'ITEST: CITY OF SBEBIDAN Dee Heath, City Clerk Dale Patton, Mayor -3 - • • • • May 3, 1993 INITIATED BY STAFF SOURCE COUNCD.. COMMUNICATION .Agenda Item llc Department of Public Works Subject Agreement with City of Sheridan for V~cle Maintenance Charles Esterly, Director of Public Works James Kavinsky, Operations Manager L'iSUE/ ACilON PROPOSED Staff seeks Council support an ordinance approving an intergovernmental agreement for the City of Englewood to provide vehicle maintenance services to the City of Sheri<lan through the Englewood Sen>icenter Garage facility . PREVIOUS COUNCD.. ACilON Council has previously encouraged staff to explore joint intergovernmental services with surrounding commwuties. BACKGROUND With the opening of the Servia-nter Garage in 1972, it has been our goal to provide cost effective service. 'Throughout l'· •; years, the Servicenter Garage has been noted for maintaining its vehicle fleet • • ~xceptionally high levels. This is directly associated with the higher than average auctior, ~alue we receive at the end of a vehicle 's use, and the very low downtime experienced by each piece of equipment. Council has expressed a desire to explore establishing joint service agreements with surrounding commwuties and agencies . Discussion with the City of Sheridan was initiated in 1992 as a result of Sheridan's concerns with the vehicle maintenance service they were receiving from their contractor. An offer was made to Sheridan to share the facilities and services provided by the Englewood Servicenter. Conversations continued, and the primary focus at this time is the maintenance of vehicles . Garage personnel and Operations staff . have deve!oped the organizational structure, operating guidelines, and maintenance strategy to accommodate the City , 'Sheridan fleet. U approved, Sheri-I an will schedule their own vehicles for maintenance by coordinating with the Servicenter Garage supervisor. Printed on R ■eyc:led P11per ~ 51'An ANALi'SIS Discussions .ith the City of Shr.ridan have resulted in an understanding that each City is inll!ftsted in cooperative vehicle mainlenanre on a trial basis. Sheridan plans to continue doing basic maintenanre on their vehicles, similar to our "A servire." Me ire complicated servire and repairs are to be accomplished by Englewood 's staff of automotive technicians . We negotiated a rate of compensation of $28 per hour for actual automotive technician time \\'orked on Sheridan's equ.ipment. We also negotiated a parts cost of invoice plus 20 per.:ent. After the trial period of one year is over, each City will evaluate their perceived benefits and actual costs . If both parties are agreeable, another intergovernmental agreement will be entered . This will occur at the same time that salaries are being set for 1994, and we should also have completed studies evaluating City-wide administrative o,·erh ead . The direct salary of most mechanics is $14 .80 /hr. and our billing rate is $28 per hour. The foll ow ing describes the costs recovered by the $28 /hr. charge. Direct sal ary Sal ary benefits Operating materials, supplies, mi scellaneous expenses & training Bu.il d ing operation and maintenance Administrative overhead Total $14.80/hr. 6.19/hr. 1.92/hr. 1.77 /hr. 3.00/hr. $27 .68/hr. \>\'hen the Phil Long Ford e valuation was done, w e determined that our comparable charge should be $35 .00 per hour; howe ver, that comparable cost included estimates for a property located on prime retail property and a first rate, architecturally attractive building, among other ove rhead cos . Therefore, we determined that a charge of $28 per hour is appropri a te for the current faci lity . FINANCIAL IMPACT We anticipate a net income of $2,000 per month. We do not anticipate increasing our staff )!!\·els. •