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HomeMy WebLinkAbout1996 Ordinance No. 018• • ORDINANCE NO . /i. SERIES OF 1996 BY AUTHORITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWE EN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC sr !IOOLS WHEREBY THE CITY' OF ENGLEWOOD WILL PROVlDE THE ENGLEWOOD PUBLIC SCHOOL'S WITH VEHICLE MAINTENANCE . WHEREAS, th• City of Eoglewood has been oervicing the Englewood Public Schools vehicles since D..:•mber, 1992; and WHEREAS, the City of Englewood and Eoglewood Public School• desire the renewal of th,' agreement whereby Englewood provides Englewood Public Schools with vehicle m,.intenance ; NOW , THEREFORE , BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : ~-The intergovernmental agreement between Englewood Public Schools and the City of Englewood , ColOTI1do for vehicle maintenance, attached as "Emibit A", is hereby accepted and approved by the Eoglewood City Council. The Mayor is authorized to ezecute and the Ci ty Clerk to attest and seal the Agreement for and on behalf of the City of Eogle.,':>Od . Colorado. Introduced, read in full , and passed on tint reading on the 15th day of April , 1996. Published as a Bill for an Ordinance on the 18th day of April , 1996. Read by title and passed on final reading on the 6th day of May, 1996. Published by title as Ordinance No . /.i._, Series of 1996, on the 10th day of May, 1996. W~:u I. Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoin g is a true copipf the Ordinance passed on final reading and publish ed by title as Ordinance No . /..1)_, Series of 19~ d,{& Loucri shia A. Elli s -1- EXHIBIT A CON'l'ltACf TBJS AGJIBDIENT, ctered irlto thia __ day of ____ 1998 by and i.tw.n the r!ity afEnclewood, wbaee ad.ir-ia 3400 South Elaei Stnet, Enpwood, Colondo 80110 and l'ba Enc!owood Public Scbool'a, wi-e addnol ii 41Jl South Baim.odt Stnet, Enclowood. Colon.do 80110. 1'EllMS OF CONTBACT NOW TBEJU!:FOBE, ff JS AGRDD by and betwNll the City of~ and the Enrlewood Public School'• that: 1. The City of En,lewoocl, Colorado shall perform the foll0'1rin& tervices: The City of Englewood shall perform all 11ec.u,y rwpain and mainbmallce 011 the vehicles OWDed by the Ens)ewoocl Public School's to the Enclewood Public School's utilfacti011, and the EDpwood Public School's lhall pay to the City of Enclewoocl for such N?Vicee the sum of thirty-four Dollan ($34.00) per hour, ill additio11 to the coot to the City ofEnclewood of m y parts or outside vendor charge, plus Twenty ~t (20%) handling fee . 2 . The City of En,lewood will proceed with the performance of the •=~ces called for ill Parqn.ph No . l 011 Jmuary 1, 1996 , and the Contact shall terminate 011 December 31, 1996. Thrff addieio11al 0111 ( 1) year periods may be 11ecutiated by the City Ma!lapr or hia duian ... • 3 . Some mainte!la!lce of the Englewood Public School's vehicle, shall be • performed by the City of Enclewood accordillg to a schedule to lie made by the ED,lewood Public School'• and approved by the City of &clewood as part of this agnemeDt. ll!ld shall illclude work requested by the E!lilewood Public School's or work ideDtified by Ens)ewoocl durmg mapecei011 of the vehicle. 4 . The City of Englewood shall repair any vehicle, of the Ens)ewood Public School's delivered to the City of Englewood for that _,urpose ill a good , workmanlike manner. 5 . The City of Englewood and the Englewood Public School's agne 11ot to : ref\ae to hire, discharl'!, promote, demote or discriminate ill ll!ly matter of compenaation ; performance , services or otherwise , against any person otherwiae qualified solely becouse of race, creed, sex. col or. 11aeio!lai origin or ancestry. 6 . This Contract may not be modified, amended or otherwise altered unleu mutually agned upon ill writing by the pareie,. 7 . The City of Englewood by and through it., employees ,ind &f!!lts shall be considered for ,JI purpooes of the Contract, to be illdepende:it contractor., and not employees of the Englewood Public School's. 8 . The Englewood Public School's by and through its employees and ageDts shall be considered for all purpose• of the Contract, to be independent contractor., and not employees of the Ci ty of Eng lewood . • -!- • • 9. Tb8 City allqiewood aball DGt ulipl or ....... lta ID-.t ill Iba Ccranct without the writi& COIINllt of the Enpwood Public Schoo1'1 . A1,,y unauthoriJad unsnment or tnm!er aball render tbl Cont:ract null. Yoid and of no effect u to tho Ezis)ewood Public School'•· 10. The Enpowood Public School', aball not llllisn or tnn.lfer ita in-in Iha Contra.:t without the written =-t of the City al En,l.,.ood, Ally unauthoriDd unsnment or 1nlllfer aball render the Contract null, wid and of no elfoct u to the City o! Ezis)owood . 11 . The City of Ellilewood shall be ruponaible far the pn,feuional quality, technical accuracy, timely completion and the coordination of the ropain under the Contract. The City shall, without additional compen.,aticm, correct or n,vile any -=~. omi.saion.s , or other did!cimciu in ita servicu related to the Contract. 12 . Either party of the Contract may terminate the Contract by giving to the other party 30 day,, notice in writin1 ..;th or without rood cause shown. Upon delivery of such notica by the E!lilewood Public School's to the City of Englewood and upon expiration of the 30 day period, the City ofEzis)ewood shall discontinue all semces in connection with the performance of the Cantra.:t. & aoon as practicable after receipt of notice of termination, the City of Ensl-ood ahall submit a statement, showilli in detail the services performed under the c .,ntract to the date of termination . The Enclewood Public School's ahalJ then pa_v the City ofEllilewuod p,'<>mptly that proportion of the pn,ocribed ~ which the s,,mces actually perfotmed under the Contract bear to the total services c,.iled for under the Contract, leu such payments on account of the charge• as have been previously made. 13. All notices and communication& under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Director of Public Works City o' Englewood 3400 So. 1th Elati Street Englewood, Colorado 80110 All notices and communicotiona pertaining to th• Contract shall be mailed or delivered to the Englewood Public School's a! :lle f.,llowing address: Englewood Public School's 4101 South Bannock Street Englewood, Colorado 80110 14 . The terms and conditiona of the Co ntroct s1.all be binding upon entity, its successors and assigns . 15 . Nothing herein shall be construed as creating •"Y personal liability on the part of any officer or agent of any public body which ir•y be party hereto, nor shall it be construed as giving any ri&~ts or benefits he reunder to anyone other than the Englewood Public School 's and the City of Englewood . -2- IN Wl'DilBll8 WBDBOI', dot putia _..,haft .-meci lbia c.tnct tba d-, aul,-r l!ntwrittanaboft. ATTBST: cr1'Y OP ENGLETfOOD Louc:rilhia A. Ellis, City Clark Thomu J . 8111'1l.1, Mayor ATl'EST: ENGLEWOOD PUBLIC SCHOOL'S -3 - •· • • • • '='•t• April 15 , 1996 INITIATED BY COUNCIL COMMUNICATION Agtnd ■ lttm IO a iii STAFF SOURCE Subject Englewood Schools Fleet Maintenance Contract Department of Public Works Jim Kavinsky , Manager of Operations COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Tois proposed lnlergoverr mental Agreement is an example of regional cooperation , which Council set lol1h as a goal for 1994 . Counci l ap,roved similar fleet ma intenance agreements with Englewood Schools for 1993, 1994 and 1995 . RECOMMENDED ACTION Staff seeks Council approval of a bill for an ordinance authoriz ing the Mayor to sign an Intergovernmental Agreement with Englewood Schools for fleet ,,.,,.intenance . BACKGROUND, ANALYSIS , AND AL TERNA TlVES IDENTIFIED The City of Englewood has been servicing Englewood Schools vehdes since December, 1992 . Toe agency continues lo provi~e basic ma;ntenance, such as oil changes and lube jobs, but brin~s more complex jobs lo Englewood 's Serv icenler. Englewood Schools has been satisfied witn lhe services provided by Englewood and is inleresled in continuing our working relationship al lhe revised hourly rate of $34 .00 per hour. FINANCIAL IMPACT Toro 11ghout 1993 , 1994 , and 1995 , lhe Servicenter Garage look on lhe additional workload of servicing Englewo:xl Schoo ls' flleel vehides . Toi~ has been accomplished without adding additional staff. Income from Englewood Schools helps defray the cost of providing fteel ma in tenance services lo all Englewood departments . Estimated 1996 revenue • S5 .000 .00 . LIST OF ATTACHMENTS Proposed Ordinance