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Home My WebLink About1996 Ordinance No. 022• • • ORDINANCE NO.d:2,- SERIES OF 1996 BY AUTHORITY COUNCIL BILL NO . 27 INTRODUCED BY COUNCIL MEMBER HATHAWAY 10 b1v AN ORDINANCE AUTHORIZING AN INTE RGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, COI.ORADO AND THE CITY OF ENGLEWOOD , COLO RADO FOR AN EXCHANGE OF THE CITY m' ENGLEWOOD 'S ROTOMILLING SERVICES TO THE CITY OF THORNTO N IN RETURN FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGG REGATE MATERIALS. WHEREAS , we City of Englewood owns, operates and maintains a milling machine utilized to remove the asphalt or concrete sl!.rlace from roadways for the purpose of overlaying new asphalt or concrete; and WHEREAS, the City of Englewood CUrTently provides roto'llilling se ,ices to the Cities of Wes tminster and Littleton in exchange for paint striping and concrete work ; and WHEREAS, this agreement provides the City of Thornton with rotomilling services by the City of Englewood in exchange for Englewood 's choice of sand/salt, hot mixed asphalt, or crushed aggregate; and WHEREAS, the citizens of both the City of Engl ewood and the City of Thornton benefit from s uch an agreement; and WHEREAS, the City Council of the City of Englewood, Colorado authorized s uch agreeme.nt with the passage of Ordinance No . 29, Series of 1994 , and Ordinance No . 28, Series of 1996 ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~. Th e intergovernmental agreement with respect to an agreement between the City of Thornton, Colorado and the City r,f Englewood , Colorado for an exchange of the City of Englewood's rotomilling services to the City of Thornton in return for sand/salt, hot mix ed asphalt, or <TUsbed aggr,ga te materials , attached hereto as "Exhibit A," is hereby acce pted and a pprr,v~J by the Engle wood City Co uncil. ~-The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Co lorado . In troduced, rend in full, and passed on fir.it reading on the 6th day of May , 1996 . -1- Published as a Bill ~vr an Ordinance on the 9th day of May, 1996. Read by tit!,, and p..,_,: c--final reading on the 20th day of May, 1996. Publiehed by t.:•le •: vrdinance No~eries of 1996, on the 23rd day of May , 1996. ci:ivk d@, Loucrishia A. Ellis , City Clerk !, Lou ct .shia A. Ellis, City Clerk of the City of Euglewood , Colo rado , hereby "e n.if., ,.hat the above and fm:egoing is a true copy of the Ordinance passed on final ,.,I ; s nd published by title as Ordinance No.:.<...6,. Series of 1996. -2- • • • • • r:.rrERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON AND THE CITY OF ENGLEWOOD FOR THE EXCHANGE OF GOODS AND SERVICES TI-ilS AGREE!V!ENT is entered into this __ day of---~ 1996, by and between the City of Thornton, a Colorado municipal corporation, (hereinafter referre<'. to as 'Thornton") and the City of En glewood, (hereinafter re fe rred :o as "Englewooci ' ). WHEREAS , Section 18(2)(a) of Article XIV of the Colorado Constitution, as well as Sections 29-1 -201, ~ lifill·, and 29-20-105 of the Co lora do Re vised Statutes authorize and encourage governments to cooperate by contracting w:•h one ano ther for their mutual benefit; and Wl-IEREAS, Englewood owns, operates and maii ,tains a mwing machine utilized to remove the asphalt or concrete surface from roadways for the purpose of overlaving new asphalt or co ncrete; and WHEREAS, Thornton wishes to u tilize said milling machine for use in maintenance of the stree~ located within Thornton; and Wl-IEREAS , Thornton and Englewood desire to contract with one another for the !!-'<change of goods fro m Thornton fo r use of Englewood's milling machine; an d WHEREAS , this Agreement will be of use and benefit to the citizens ot both Thornton and Englewood. :-.;ow THEREFORE THE PARTIES HERETO, FOR GOOD AND VALUAB LE CONSIDERATION, THE RECEIH AND SUFF IU ENCY OF WHICH IS HEREB Y ACKNO\\/l.EDGED , HEREBY AGREE AS FOLLOWS: A. RESPONS IBILITIES OF E'.\iGLEWOOD l. 3 . Engle wood shall make available to Th ornton its milling mac.'iin e during the period bet,.veen Ju ne l , 19% and July 1, 1996, ilclusive, for the purpose of milling approximately twenty-six thousand seven hundred th irty-two (26,732) square ya rds of asphalt at a depth of one and one-half mches . En glewood shall perform , at all times, all repairs and maintenance to the milling machine necessary , including the time periods in which th~ milling machine is being used in Thornton. An e mployee or co ntracto r of Englewoo d shdl! o perate the milhng m;ichine for Th ornton , at locations and specifications d irected bv Th ornton during the above specified time periods. U a comTacto r C!f En g lewood is used to · l · B. !)i!rfo= the work hereunder, thnf c . ,ntracbJr shall be required by • Englewood to indemnify the Gty of Thornton, it's officers, a·.-,d employees from .ind against all l;;,oility, claims, demands, and expenses, including court cost a.."!d attornt:) fees , on account of any injury, loss, or damage. which may aris<, out of ~r dre in any manner connected with the work to be performed l '.l.:ier this Agreement. if such injury, loss, or damage is caused in whole or in part by, or ,s dafrned to be caused in whole or in part b y the neglig-~nt ,,. • ..., errors, or omissions of th~ contractor, or i11lY officer, employee, ur ~P,~·.,t of the contractor. -1 . Englewood shall make available to Thornton the milling machine at the time specified abov ,,. Cost of both delivery to Thornton and return to Englewood shall be ihe responsibility of Thornton. 5. Englewood shall maintlin, at its own expense, during the term of this Agreement, Worker 's Compe..'\Siltion Insurance as requi:~d b:· the Labor Code of the State of Colo,:a do, Employer's Liability lnsura:1ce Commercial General Liabilitv lnsura.nc ?, and Automobile Liabilitv lnsL•.rance with mini.mum comblned sint·ie limits oi no t less thar. $600,000 p~r occurrence. The insurance required above shall be pmvided thro ugh Englf?wood's participation in a govemmc :tal insurance pool (CJRSA). Englewood shall cause any contractor of En glewood to procure and maintain minimurr, insurance cove rage listed herein. RESPONSIBILITIES OF THORi'\ITON l. Thornton shall reimburse Eng lewood for the use of the milling machine !,y the provision of goods that .ire normally purchased by Thornton to be identifiec! by Englewood from the following items: a) sand /salt b) hot mixed asphalt c) crushed aggregate 2. The val ue of the goods supplied to Englewood by Thornton shall be equal in value to the cost of milling twentv·~.Lx thousand seven hundred thirtv- two (26,732) square yards of asphalt one and one-half inches deep. The value of the above is S.38 /square yard. In the event the amount of roadwa;· milled is le ss than or more than the above, ilie va lue of the goods provided to En glewood by Tho rnton shall eq1 ·~i the ya rdage milled times S.38 /square yard. 3. The goods sh all be delivered to En glewood by the vendor of the goods once the milling has been completed and •he total lmount and nature 0f the milling has been calculated . Once the amount i,as been calculated and agreeci to by both parties, Th ornton shalJ co mplete a vendo r purchase • • • • • C. 4. order for the goods selected by Englewood in the amount of the value of the milling as calculated in Section B. 2. above. Thornton shall be responsible for all traffic control and material removal at the site of the milling work and any other work not associated directly with the o p eration of the milling machine itself. ASSIGNMENT This Agreement shall not be aS&igned by either party without the prior written consent of the other. D. NOTICE Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to ha ve been sufficiently given for all purposes if sent by certified mail or registered mail, p ostage and fees prepaid, addressed to the party to whom such no tice is to be given at the address se t fo rth below, o r at s u ch other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail . The notice shall be sent to : City of Englewood Street Operations 2800 S0 uth Platte River Drive Englewood, CO 80ll0 t /o Wayne Oakley Ctv o f Thornton S~t Operations 9500 Civic Center Drive Thornton, CO 80229 c /o Mason Staub E. PARAGRAPH CAPTIONS The ca ptions of the paragr.iphs are set forth only for the conve n ience and reference of the parties and are not intended in any way to define, limi t o r describe the scope or intent of this Agreement. F. INTIGRATION AND A1\I IENDME NT G This Agreement represents the entire agreement between the parties and there are no oral or co ll ateral agreements or understand ings. This Agreement ma y be amended only b y an instrument in wri ting signed by the parties. If any other provis ion shall be affec ted by such holding, all of the remaining provisions of this Agreement shall continue in full force and effect. W,\IVER OF BREACH A waiver by any party to this Agreement o r the breach of any term or provision of this Agreement sha ll not operate or be construed as a wai ver of am· s ub sequent breach br either party . AC -Otl\"-E.SC:.f\',"O TC -3 - H. ~ This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hel'eof shall br brought in the County of Arapahoe, State of Colorado. This Agrr.2rr.ent shall terminate at such time as the co nditions stipulated herein are complete or upon 10 days advance written notice, whicheve r occurs first . In the event the Agreement is terminated by the issuance of advance written notice of in tent to terminate, each party shall be compensated by the other for the goods and services provided. J. COMPUANCE WITH LAW The work and services to be performed by the parties hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations . K. ADD mONAL DOCUMENTS OR ACTION 11,e p artie s agree to execute any additio nal documents o r take an y add itio nal action th at is necessary to carry out this Agreement. L. IND EPENDENT CONTRACTOR The parties hereto agree that the employees, contractors, and sub-contractors of one party are not in any way to be construed as employees of the other party and as such each are independent contractors. Notwithstanding any provisio n appearing in th is Agreement, all personnel assigned by Englewood to perfo rm work under the terms of this Agreement shall be , and remain at all time s, employees or agents of Englewood fo r all purposes . Further, all personnel assi gned by Thornton to perform work under the term s of this Agreement shall be, an d rem ain at all times, employees or agents of Thornton fo r all purposes. M. GOVH .. \/l'v!ENTAL fMJv[UNITY The parties hereto understand and agree that Tho rnton and Englewood, their offi cers, and employees, are relying on , and do not waive or intend to waiv e. by any provision of this Agreement, the moneta ry limitations (c urrently 5150,000 per perso n and $600,000 per occu rrence ) or any otl,er righ ts , immuniti<?s. and protections p,ovided by the Colorad o Governmental [mn unity Ac t, C.R.S . 2+-10 - 101 et seq ., as it is from time to time amended , o r otherwise avai lable to Thornton and Englewood , the ir officers , o r empl oyees. -4 - • • • • AUTHORITY The parties hereto warrant that the signatories below have rull and lawful authority to e,,cecute this Agreement on behalf of Thornton and Englewood . DONE AND SIGNED ON THE DA TE ABOVE FIRST WRITTEN BY: CITY OF THORNTON Margaret Carpenter, Mayor ATTEST: Nancy Vincent, City Clerk APPROVE D AS TO FORM : Margaret Emerich, City Attorney CITY OF E:-.JGLE WOOD ATTEST: City Clerk . 5. • • Date May 6, 1996 INITIATED BY COUNCIL CO...UNICA TION Agenda !tam 10 a ii 1 STAFF SOURCE Subject Ord inance for lnlergovemmental Agreement with Thornton Department of Public Works Char1es Eslerty , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinance No . 29 , Series of 19!M and Ord inance No . 28 , Series of 1995 to enter Into an agreement :wh the City of Thomton to exchange our rotomi lling services for goods provided by Thornton . RECOMMENDED ACTION Staff seeks Council approval of an ord inance to enter into an agreement with the City of Thomton to exchange our rotomill ing services for goods provided by Thornton . BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood CtJrrent!y provides rotomilling services to the Cities of Westminster and Littleton in exchange for paint strip ing and concrete worl,, respectively . Continuing our agreement with the City of Thomton Englewood wocld receive ijems of choice , inc1 c'<1ing sand/sa lt hot mixed asphalt or crushed aggregate . FINANCIAL IMPACT Based on S0 .38 per square yard , this amounts to a substantial sav ings for Thomton and a benefit for the City of Eng lewood LIST OF ATTACHMENTS Bill for an Ord inance Intergovernmental Agreement