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Home My WebLink About1994 Ordinance No. 075• • • BY AUTHORITY ORDINANC E .~O. 22' SERIFS OF 199-111996 COUNCll. BILL NO. 77 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANG!.l APPROVING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE CITY OF ENC 1,EWOOD, COLORADO AND THE ENGLEWOOD PUBLIC SCHOOLS FOR ENGLEWOOD FUBLIC SCHOOL'S VEHICLE MAINTENANCE. WHEREAS , the City of Englewood and .the Englewood Public Schools desire to enter into an inte,\.-;-,~emmental agreement whereby the City of Englewood shall provide the Englewood Piwtic Schools with vehicle maintenance; NOW, THER.El'OR.E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , CO LORADO, AS FOLLOWS: SJ:s:tilm.l_ '!110 City Council of the City of Englewood, Colorado hereby approve• the entering into a e<,ntract .,;th the Englewood Public School's for the m..intenance of the Englewood Public School's vehicles. The term& of such contract are generally as follows: A . B. C. D. The City of Englewood, Colorado shall perform the following services: The City of Englewood shall perform all necessary repairs and maintenance on the vehicles owned by the Englewood Public Schools to the Enelewood Public School's satiafact:ion, and the Englewood Public Schools shall pay to the City of Englewood for such services the sum of Thirty-Six Dollan; ($36.00) per holD', in addition to the c:oat to the City of Englewood of any part£ or outside vendor charges plus Twenty percent (20%) handling fe~. The City of Englewood will proceed with the performance of the services called for in Paragraph No. 1 on Janwuy l , 1995, ,md the Contract shall terminate on December 31, 1995. Some maintenance of the Englewood Public School's vehicles shall be performed by the City of Englewood according to a schedule to be made by the Englewood Public Schools and approved by the City of Englewood as part of this agreement, and shall include work requested by the Englewood Public Schools or work identified by Englewood during inspection of the vehicle. The City of Englewood shall repair any vehicles of the Englewood Public Schools delivered to the City of Englewood for that purpose in a good, workmanlik ' manner. E . The City of Englewood and the Englewood Public Schools ag,-ee not to: refuse to hire, discharge, promote, demote or discriminate in any matter of compensation; performance, service ■ or otherwise, against any person otherwise qualified solely because of race , creed , sex, color, national origin or ancestry . -1- F. Thi ■ Contract may not be modified, amended or otherwise altered unless mutually qreed upon in ~Tiling by the parties. G. The City of Enclewood by and through its employees and agents shall be considered for all pu,poses of the Contract, to be independent contractors and not employees of the Englewood Public Schools . H. The Englewood Public Schools by and through its employees and agents shall be considered for all pu,poses of the Contract, to be lr-d•.,.,ndent contractors and not employees of the City of Englewood. I. The City of ~lewood shall not assign or transfer its interest in the Contract without the written consent of the Englewood Public Schools. Any unauthorized assignment or transfer shall render the Contract null, void and of no etrect as to the Englewood Public Schools. J . The Englewood Public Schools shall not assign or transfer its interest in I.he Contract without the written consent of the City of Englewood Any unauthorized assignment or transfer shall render the Contract null, void and of no etrect a,., to the City of Englewood. K . The City of Englewood shall be responsible for the professional quality, technical acxu.racy, timely completion and the coo 111«tion of the repairs under the Con ct. The City shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in it, services related to the Contract. L. Either party afthe Contract may terminate the Contra.., by giving to the other party 30 days notice in writing with or without good cau.ae shown. Upon delivery uf such notice by the Englewood Public Schools to the City of J;:nglewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all service• in conneetiou with the performance of the Contract. As soon as practicable aft.er receipt of notice of termination, the City of Englewood shall submit a ,~atement, showing in detail the .. mees performed under the Contract to the date of termination. The Englewood Public Schools shall then pay the C:ty of Englewood prompUy that proportion of the prescribed charges which the services actually performed ·wder the Contract bear to the total services called for under the (••~tract, l,u such payme,,ts on account of the char-g,,s as have been previo .,y made. M. The terms and conditions of the Contract shell be binmng upon each entity, its successon and assigns. N . Nothing herein shall be construed as creating any pen,onal liability on the pllrt of any officer or agent of any public body which may be party hereto, nor shall it be construej ....: giving any rights or benefits hereunder to anyone oth~r than the Englewood Pul>hc Schools and the City of Englewood. Introduced, read in full, ,md passed on first reading on the 19th day ofDeoember, 1994 . -2 - • • • • • • Published"" 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 as Ordinance No . ~ries of 1994/1995 on the 5th day of January, 1995. ~~Jill, Loucri shia A. Elli ,, City Clerk I, Loucrishia A. Elli s, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true co~ the Ordinance passed on final reading and '"""'"°'"' oe, u °"'"""• N•. ',c. S•"• o, ffiM~S ~rlt. Loucrishia A. Elli s -3- • • CONTBACT TBJS AGBEEMF.N'l', entered into tha __ day of ___ ~ 1995 by and between Iha City of Englewood. whoae address is 3400 South Elao Street, Englewood, Colorado 80110 and The Englewood Pu blic School's, whose eddresa ia 4 1.11 South Bannock Street, Englewood, Colorado 8Dll0. TERMS OF CONTBACT NOW THEREFORE, IT IS AGREED by and betw<"Sn the City of Englewood and the Enrl•wood Public School's th at: l. The City of Englewood Colorado shall perform the following services: The City of Englewood shall perform all necesaary repairs and maintenance on the veh icles owned by the Englewood Public School's to the Englewood Public School's satisfaction, and the Englewood Public School's shall pay to the City of Englewood for such services the sum of Thirty-Six Dollars ($36.00) per hour, in addition to the cost to the City of Englewood of any parts or outside ve ndor charges plus T,,,enty pen:ent (20'll,) handling fee. 2. The City of Englewood will proceed ...;th the performance of the services celled for in Paragraph No . l on January l, 1995, and the Contract shall terminate on December 31 , 1995. 3 . Some maintenance of the Englewood Public School's vehicles shall be perl'ormed by the City of Englewood accordinr to a schedule to be made by the Englewood Public School's and appn,Yed by the City of Englewood u part of this arreement, and shall include work requested by the Englewood Public School's or work identified by Englewood during inspection of tlte vehicle. 4 . The City of Englewoo<i shall repalr any vehicles of the Englewood Public Schc,,l's delivered to the City of Englewood for that parpose in a good. work.:manlike manner. 5 . The City of Englewood and the Englewood Public School's agree not to : refuse to hire, discharge, pn,mote, demote or diocriminate in any matter of compensation ; perfol'TD.ance, services or otherwise, ap.inst any penon otherwise qualified solely because of race, creed, sex, color, national oriiPJl or ancestry. e: This Contract may not be modified, amended or otherwise altered unless mutually agreed upon in writi.-,g by the parties. 7. The City of Englewood by and thn,ugh its employ..,, and agon~, shall be considered for all purposes of the Contract, to be independent contractors and not employees of the Englewood Public School's. 8 . The Englewood Public School's by and thrt1ugl, its employees and agenta shall he considered for all purposes of the Contract, to be independent contractors and n ot emplayees of the City of Englewood. -1 - • • 9 . The City of Englewood shall not auicn or transfer ita intarut in the Contract without the written consent of the Engle•ood Public School's. Any unauth~rized assignment or transfer shall render the Contract null, void and of no effect as to the Englewood Public School's. 10. The Englowood Public School's ,hall not assign or transfer its interest in the Contract without the written con,ent of the City of Englewood. Any unauthorized assignment or transfer s hall render the Contract null, void and of no effect as to the City of Englewood. 11. The Ci ty of Englewoo d shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of the repairs under the Contract. The City shall , wi thout additional compensation, correct or revise any errors. omis sions , or other deficiencies in its services related to the Contract. 12. 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. U pon delivery of s uch notice by the Englewood Public School's to the City of Englewood and upon exp iration of the 30 day period, the City of Englewood shall discontinue all services in connection with the performance of the Contract. A.a soon as practicable after receipt of notice of termination, the City of Eni!ewood shall submit a statement, showing in detail the ,ervices performed under the Contract to the date of termination. The Englewood Public School's shall then pay the City of Englewood promptly that proportion of the prescribed charps which the services actually performed under th• Contract bear to the total servi= called for under the Contract, less such payments on account of the charges as have been previously made. 13. All notices and communications under the Contract to be ,~ailed or delivered to the City of Englewood shall be to the following address: Charles Esterly, Directer of Public Works City of Englewood 3400 South Elac Street Englewood, Colorado 80110 All notice• and communications pertaining to the Contract shall be mailed or delivered to the EnK!ewood Public School's at the following :uldress: Englewood Public School', 4101 Sout.h Bannock Stittt Englewood, Colorado 80110 14. The terms and conditions of th-. Contract shall be binding upon entity, its successors and assigns. 15. Nothing herein shall be construed as creating any personal liability on the part of any officer or ag,,nt of llDY public body which may be party her eto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Englewood Public School's and the City of Englewood. -2 - • • JNwrrNBSS WBDBOP, tbe putin hereto haw uecutad thi.l Contnd: tbe clay and year !Int writ:tc above. ATTEST: Cl'l'!'OPENGLEWOOD Low:rishia A. Ellis. City Cleric Tbomaa J . Buma, Mayor ATTEST: ENGLEWOOD PUBLIC SCHOOL'S • • COUNCIL COMMUNICATION Date Agenda Item Subject Englewood Schools Fleet Maintenance D;?Cember 19, 1 994 15 g Contract Initiated By Staff Source Department of Publ ic Works Jim Kavinsky, Manager of Operatic.,,s COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed Intergovernmenta l Agreement is an exa,.,,ple of regional cooperation , which Council set forth as a goal for 1994. Council approved si milar fleet maintenance agreements with Englewood Schools for 199 "'. and 1994. RECOMMENDED ACTIO ~I Staff seeks Co uncil approval of a bill for an ordinance authorizing the Mayor to sign an Intergovernmental Agreement with Englewood Schools for fleet maintenance. BACKGROUND, ANAL \'SIS, AND ALTERNATIVES IDENTIFIED The City or Englewood has been servic ing Englewood Schools vehicles since December, 1992. The agency continues to provi de basic maintenance, such as o il changes and lube jobs, but brings more complex jobs to Englewood's Servicenter . Englewood Schools has been sat isfied with the serv ices provided by Englewood and is interested in continuing our working relationsh ip at the revised hourly rate of $36.00 an hour. FINANCIAL IMPACT Throughout 1993 and 1994, the Servicenter Garage took on the additional workload or servicing Englewood Schools fleet vehicles . This has been accomplished without adding additional staff. Income from Englewood Schools helps defray and cost of providing fleet mainten ance services to all Englewood departments . LIS \ 'JF A TT ACHr~ENTS Proposed Ordin4nce /;:, Printed en Recycled Pao.r ~