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Home My WebLink About1994 Ordinance No. 074• • • ORDINANCE NO . 2!I SERIF.8 OF 19!M/1995 BY AUTHORITY COUNCll. BILL NO. 76 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE CITY OF Jl NGLEWOOD, COLORADO AND THE CITY OF SHERIDAN, COLORADO F'OR SHERIDAN"S VEHICLE MAINTENANCE. WHEREAS, the City of Englewood and the City of Sheridan desire lo enter into an intergovernmental agreement whereby Englewood shall provide Sheridan with vehicle main t.enan ce; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUN1; L OF THE CITY OF ENGLEWOOD, COLORAD O, AS FOLLOWS : Sl:l:li.Jm..l.. The City Council of the City of Englewood, Colorado hereby approves the entering into a contTilct with the City of Sheridan, Colorado for the maintenance of the City of Sheridan"s vehicles. The terms of such contract are generally as follows : A . B. C. D. The City of Englewood, Colorado shall perform ~. following services: The City of Englewood shall perform all nece8681y repairs and maintenance on the vehicles owned by the City of Sheridan lo the City of Sheridan"• satisfaction, and the City of Sheridan shall pay lo the City of Englewood for such sr.rvices the sum of Thirty-Six Dollars ($36.00) per hour, in ,-ddition to t.l,e cost to the Cit-/ of Englewood of any parts or outside vendor char;:es ·plus Twenty percer,t (~.0%) handling fee . The City of Englewood will proceed wi th '.he performance c' the services called for in Paragra~ 'i No. 1 on January 1, 1935, and the ContTilct shall terminate on December 31, 1995. Some maintenanco of the City of Snendan's vehicles shP.11 be performed by the City of Englewood according to a sch edule lo be made by the City of Sheridan and approved by the City of Englewood as part of thi; agreement, and shall include work requested by Sheridan or work identified by Englewood during in s pection of the vehici~. The City of Englev.uo.! ;hall repair any vehicles of the City of Sheridan delive red to the City of Englewood for that purpose in a good, wo ,kmanlike manner. E . The City of Englewood and the City of Sheridan agree not to : refuse to hire, discharge, promote, demote or discriminate in any matter of compensation; pe formance, services or otherwise1 against any person otherwise qualified solely beca use of race , creed, s ex , color, national origin or ancestry . -1- F. Thia Contract may not be modified, amended or otherwise altered unleu mutually agreed upon in writ!a g by the parties. G . The City of Enclewood by and through its employ ees and agent.a shall be conaidend for all purpose, of the Contract, to be independent contracton and not employees of the City of Sheridan. H . The City of Sheridan by and through its em ploy ees and agents shall be considered for all purposes of the Contract, to be inde pendent contractors and not employees of the City of Englewood. 1. The City of Enclewood shall not assign or transfer its interest in the Contract without the written consent of the City of Sheridan. Any unauthorized assignment or transfer shall render the Contract null, void and of no effect as to the City of Sheridan . J. The City of Sheridan shall not assign or transfer its interest in the Contract without the -.Titten consent of the City of Englewood. Any unautho · r d assignment or transfer shall render the Contract null, void and of no effect as to the City of Englewood. K . The City of Englewood shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of the repain under the Contract. The City shall , without additional compensation , correct or revise any errors , omissions, or other (1eficiencies '" 1.ts services related to the Contract. L. Either party of the Contract may termir· " the Contract by giving to t.he other party 30 days notice in writing wit}, . tthout good cause shown . Upon delivery of such notice by the Cit . ., Sheridan 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 subnrit a statement, 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 pn,scribed charges which the services actually performed under the Contract bear to the total services called for under the Contract, less such payments on account of the charges as have been previously made . M. The terms and conditions of the Contract shall be binding upon each City, its successors and assigns. N. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be part) hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City of Sheridan and the City of Englewood . Introduced, read in full, and pa ssed on first reading on the 19tli day of December, 1994 . -2- • • • • Published u a Bill for an Ordinance on the 22nd day of December, 1994. Read by title and passed on final reading on the 3rd day of January, 1995. Published by title u Ordinance No . !Ji Series of 1994/1995, on the 5th day of January, 1995. ~ · ·dm LoucrishiaA.EIJ Clerk I, Louc:rishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify t.hat the above and foregoing is a true co~. 9' the Ordinance passed on fiDal reading and _ .... "'"'' u """~-•• ','J', ..... ~ .. ,.,,~ '. tl. Loucrishla A. Ellis ~ . 3 . • • THIS AiGBEEMENT, entAJred into this __ day of ______ 19915 by md between tho City of Englewood, whooe addnu ia :WOO South Elati Slnet, En,lewoocl, Colorado 80110 md The City Of Sheridan, whose addres1 is 4101 South Federal Boulevard, Englewood, Colorado 80110. TERMS OF CONTRACT NOW TBERElo"ORE, IT IS .\GREJID by and between the City of Englewood and the City of Sheridan that: 1. The City of Er ~lowoo d, Colorado shall perform the following services: The City of E n glewood shall perform all n...,uary renain and maintenance on the vehicles owned by the City of SheriulD to the Ci ty of Sheridan's satisliiction. and the City of Sheridan shall pay to tho City of Englewood fo r such services tho sum of Thirty-Six Dollan ($36.00) pe r hour, in addition to the a.-n to the City of Englewood of any parts or outsi-ie vendor charges plUJ Tw, .ty percent (20\\) handling fee . 2. The City of Englewood will proceed with the performance of the services called for in Paragraph No. 1 on January 1, 1995 and the Contract shall termina!AJ on December 3], 1995. 3. So:me ·, 11;,. 'i,ance of che City of Sheridan's vehicles shall be performed by the Cit:, of I!, ,;,to ,.m according to a ochedule to be made b)· the City of Sheridan and approved t:,y the City ofEn,lewood u part oCtbia agreement, and shall include work n,questAJd by Sheridan or work identified by EneJewood during inspection of the vehicle. 4 . The City of Englewood shall repoit any vehicles of the City of Sheridan delivered to the City of Englewood for that purpose in a good, worlr:manlike manner. 5. The City of Englewood and the City of Sheridan qree not to: refuse to hire, discharge, promote, demote or discriminate in any mat!er of compenaation; performance, services or otherwiae, apinat any pernon otherwi..., qualified solely because of race, creed, sex, color, natio11al oricin or ance.try. 6 . This ContrN:t may not be modified, amended oc otherwise altered unleaa mutually 111;reed upon in writinr by the parties. 7. The City r,.f Eorlewood by and through its employees and agents shall be consid ered for all purposes of the Contract, to be independent contractors and not employees of the City rn· Sheridan. 8 . The C ity of Sheridan by and through its employees and agents shall he considered for all purposes of the Contract, to be independent contractors and not employees of the City of Englewood. -1 - • • • 9. The City of En&lewood •mr.11 ~•t auign or transfer itl intarest in the Coutnct without the written con~r.. of the City of Sh•tidan. Any w,authorised ullipment or transfer shall render the Contnu:t nail, void and of no offiict u to the City of Sheridan. 10. The City of Sberiden shall not assign or transfer ibs interest in the Contnct wi thout the written consent of the City of Englewood. Any unauthorized assignment or trensfer shall render the Contract null, void and of no eff'ec:t u to the City of Englewood. 11. The City of Englewood shall be reSJ)o nsible for the professioruil qtutl.w, technical a ccuracy, timely comp le:i on ·,nd the coordination of the rer~n under the Contract. The City sho)\, wi<hout additional compenaation, ;:o!'n,,-t or revise any errors, omissions, or oth .!1 r deficiencies in its se rv:~,.s related to t.he Contract. 12. Either party of the Contract may ternt\0 ,11 , the Coatract by giving to the other party 30 davs notice in writing with or wrtbout g,,od cause sho•..,, l'pon delivery of such notice by the City oc: 61,.,,idan Ill 1.J1e City of'E.. :;lewood and ttpon expiration of the 30 day period, the Ci!y of Englewood shall diM:ontinue all services in connection w;tb the performance of the Contnct. .-\s soon as practicable after receip t. o•· nutice of termination, the City of En&lewood shall submit a statement, s1v·· "J.r tr .in detail the services performed unCler the Contract to the date of ·,.;·-mination. Thl ::•• :-ofShuridan sbaJI then pay the City of Englewood promptly tnat proportion of the pretcni.f charges which the S<1rvices actually performed under the Contract bear to the total services called for under the Contract, less such payments on aceow,t of the cbargH as have been previously made . 13. All notices and communications under the Contract to be mailed or dalivered to the City of Englewood shall be to the followinr address: Charles Esterly, Director of Public Works City of Englewood 3400 South Elati Street Englewood, Colorado 80110 All notices and communications pertaininJ to the Contract shall be mailed or delivered to the City of Sheridan at the ·• •llowing address: City of Sheridan Merk Wallace, Director of Public Safety 4101 South Federai Boulevard Englewood, Colorado 80110 ' 14. The t,,rms and conditions of the Contract shall be binding upon each City, ita s uccessors and uaigns. 15. N othinr herein shall be constraed a:; cn,ating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor ahall it be construed as giving any rights or ben efits hereunder to anyone other than the City of Sheridan and the City of Englewood. • • IN Wl'l'NBS8 wmamor. t11a pmtioe .,_. haft-aacalad t1m Caatz.ttJie ~andr- l!nt writtan aban. ATl'EST: crrrorBNGLBVOOD Low:riahia A. Ellia, City Clerk '111amaaJ.Buma,~ ATl'EST: err!' OF SBEBIDAN Dee Halh. Cit)'. Clerk • • COUNCIL CO, •• i UNICATION Date Agenda Item Subject Sheridan Fl eet Mainten ance D ecember 19 , 1994 15 f Contract Initiated By Staff Source D epar1ment of Public Works Ji m Kavi nsky , Manager of Operat ions ... --.•.•·- COUNCIL GOAL AND PREVIOL . 1 .,-.V-·-:IL ACTION Th is proposed Int ergovernment al A~reement is an example 0f reg iona l cooperation , which Council set for1h as a goal for 1994 . Co und approved si m i lar fleet maintenan ce agreemen ts with the City of She rid an for 19 93 an d 1994 . RECOMMENDED ACTION Staff seeks Council ap proval of a bill for an ord inan ce aut horizing th e Mayor to si gn an Inte rgovern mental Ag re eme nt w ith the City of Sheridan for fl eet maintenan ce . BACKGROU N D, ANALYSIS , AND ALTERNATIVES IDENTIFIED The Cit y of En glewood has be en servici ng City o f She ridan vehicles since Dece mber, 1992. The agen cy continues to provide basic mai nten ance, suc h as oi l chan ges and lube jobs , but brin gs more complex jobs to Engl ewood 's Servicen te r. The City of Sh eridan has been satisfied with the serv ices prov ided by Englewood and is i nterested in continuing our worki ng relationship at the re vised hourly rate of $36.00 an hour. FI NANCIAL IMPACT Throughout 1993 and 1994, the Se rvicenter Garage took on the add iti :mal workload of servicing Sheridan's fleet vehicles . This has been accompl ished without add ing add itional staff. In co me from the City of Sherid a,n helps defray and cost of providing fleet maintenance serv ices to all Eng lewood depar1men ts. LIST OF ATTACHMENTS Proposed Ord i nan ce "' Prrnted on fiecycled Pap er er~\