HomeMy WebLinkAbout1996 Ordinance No. 065•
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ORDINANCE NO .fb'
SERIES OF 1996
~ It 9? -91,
BY AUTHORITY
COUNCll. BILL NO . 70
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE A!'PROVlNG THE RENEWAL OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY
OF SHERIDAN , COLORADO WHEREBY ENGLEWOOD WILL PROVIDE THE CITY
OF SHERIDAN WITH VEHICLE MAINTENANCE .
WHEREAS, the City af En,Jewood bu been llrvicinf the City af Sheridan'& vehicle&
since December, 1992; and
WHEREAS, the City of En,lewood and the City of Sheridan desire to renew the
a greement whereby Englewood pro vi de& Sheridan with vehicle ;:naintenance;
NOW , THEREFORE , BE IT OR'JAINED BY 1· !IE CITY COUNCU. OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS.
~-The intergovernmental agreement between the City af Sheridan and the City of
Englewood, Co:orado for vehicle maintenance, attached u "Exlu1>it A", ill hereby accepted
and approved by the Eni]ewood City Council . The Mayor ill au orized to uecute and the City
Clerk to aUeet and aeaJ the Agreement for and on behalf of the City afEn,lewood, Colorad o .
Introduced , read in full , and purnd on lint readbg on the 18th day of November, 1996 .
Published u a Bill for an Ordinance on the 21st day of November , 1996.
Read by title and pa88 ed on final reading on the 2nd day of December, 1996.
Published by title as Ordiuance No~ Series ofl996, on the 5th day of December, 1996 .
I, Loucrishia A. Ellis , City Clerc ,,f the City of Engl ewood , Colorado, hereby certify that
the above and foregoing is a true colJI"..¢ the Ordinance paased on final reading and
publuihed by title as Ordinance No .(ll:;,. Seriu of l~ t( j~
Loa criabia A. Ellis
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CONTRACT
THIS AGBBEMENT, mtered into thi1 __ day of __ ~ 1996 by and between
the City ofF.oalewoad, wbla addnu ii 3400 South Elati Street, Enpewaod, Calorado 80110
and The City Of Sberidan, wi-e address i1 '101 South Federal Boulevard, Bn,lewood,
Colorado 80ll0.
TERMS OF CONTRACT
NOW TBEBEFORE, IT JS AGREED by and between the City of Enaiewood and the City of
Sheridan that;
1. l'he City of Englewood, Colorado shall perform the full""'Ull aervicea :
The City of Englewood shall perform all neceuary repain and
maintenana, on the vehicles owned by the City of Sheridan to the City of
&'beridan's Mtiafaction, aod the City of Sheridan ahall pay to the City of
Englewood for 111ch services the IUDl of thirty-aix Dollars ($36.00) per hour,
ir. addition to the coot to the City of Englewood of any part,, or outaide vendor
cl.vges plus Twenty percent (20'J,) handling fee .
2 . The City of Englewood will proceed with the performaru:e of the services called
for in Paragraph No , 1 on January 1, 1997 anathe Contract ahall terminate on
December 31 , 1997, Three additional one (1) year periocb may be neeotiated by
the City Mar.ager or his designee ,
3 . Some maintenance of the City of Sheridan's vehiclea aball be performed by the
City of Englewood according to a schedule to be made by the City of Sheridan
and approved by the City of Englewood as part of this a,n,t'.ment, and shall
include wotk requested by Sheridan 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 e good, workmanlike
manner .
5 , The City of Englewood and the City of Sheridan agree not to : refwie to hire,
discharge, promote, demote or discriminate in any matter of compensation;
performance, services or other;rise, against any peroon otherwise qualified
&0lely because of race, creed , ae:r., color, national origin or ancestry.
6 . This Contract may not be n-,odified , amended or otherwise altered unless
mu tually agreed upon in ..-riting by the parties .
7 . The City of Englewood by and through its ,imployees and agents shall be
considered for all purpr,ses of the Contract, 1\o be independent contractors and
not employees of the G'ity of Sheridan.
8 . The City ofSheride.n by and through its employees and agents shall be
considered for all purposes of the Contract, to be independent contractors llnd
not employees of the City of Englewood .
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9. The City of En,lowood llball Dot _.., or tr..r. Ila iD-ID U,., c.tract • without the written cODNDt ol the City of Sheridan.. Any un,.·atboriud
auipimmt or lraDlfer lb.all rmder the Contract Dull, Yllid and of no elfect u
to the City al'Sblridm.
10. The City of Sheridan ahall Dot auilD or tr·anafer ita inter-Mt iD the Contract
without th• written coment of the City ofEn,Jewood. Any w,authorirad
usipiment or Iran.If er llbalJ rmder the Contract null, void and of DO effect u
to the City of En,Jewood.
11 . The City of Englewood llhall be raponeible for the profeuional quality,
technical accuracy, timely completion end the cooniination of the repaira
under the Contract. The City ahall, without additional compenaation, corn,ct or
reviae any erron, ominiona, or other deficiencieo in JU aervicee related to the
Contract.
12. Either party of the Contract may terminate the Contract by civing to the other
party SO daya notice in writing with or without cood ca111e ahown. Upon
:ielivery of auch notice by the City of Sheridan to the City nf Englewood and upon
ezpiration of the SO day period, the City of Enclowood llhaJI diacontinue all
services in connection with tho petformance of the Contract. Al!. IOOD u
practicable after receipt of notic , or termination, the City of Englewood lb.all
submit a statement, showing in detail the oervicee performed under the
Contract to the date of termin. tion . The City of Sheridan llhaJI then pay the City
of Englewood promptly that proportion of uie preocdbed charges which the
services actually performed under the Contract bear to the total servicea called • for under the Contract, leas such payment& OD aCCOUDt of the charges u have
been previously made.
13. All notices and communications under the Contr:..:t t!'I be mailed or delivered to
the City of Englewood shall be to the followi•.g-address:
Director of Public Wo,u
City of Englewood
3400 South Elati Stn!et
Englewood , Colorado 80110
All notices and communicatiODt pertaining to the Contract ahall be mailed or
delivere:I to the City of Sheridan at the following addro•s:
City of Sheridan
~101 South Federal Boulevard
Englewood, Colorado 80110 ,.
14. The terms and conditiona of the Contract ahall be binding upon each City, ita
auccesaors and assigns .
15. Nothing herein shall be construed u creating any personal liability on the part
of any of!iocr or agent nf any public body which may be party hereto, nor shall it
be construed as giving any riibta or benefit& hereunder to anyone other than the
City of Sheridan and the City of Englewood .
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IN WJ.fflB88 WIIBBBOF, the partiel hereto have uacuted tbia Ca:ltnct the cl-, and :r-r
11m wri-111,ow.
ATI'EST: CITY OF ENGLEWOOD
Loucrisbia A. Elli&, City Clerk Thomu J, Bumi, M-,u-
.i>.'J'TEST: CITY OF 8IIERIDAN
Dee Heath, Qty Clm. Dale Patmn, M-,u-
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Data
NoYember 18, 1996
INITIATED BY
Department of Public Works
COUNCIL COIIIIUNICA TION
Agenda Item
11 a ii
STAFF SOURCE
Subject
Sheridan Fleet Main tenance
Contract
Charles Esterly , Director of Pub lic Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTVJN
This proposed Intergovernmental Agreement is an example of regional cooperation , which Council set forth as a
goal in 1994. Counci l approved similar fleet ma intenan ce agreements with the City of Sheridan for 1993 . 1994,
1995 and 1996.
RECOMMENDED ACTION
Staff seeks Council approval of a ~ill for an ord inance 01/lhorizi ng the Mayor to sign an Intergovernmenta l
Agreement with the City of She ridan for fleet ma intenance .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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The City of Englewood has been servicing City of Sheridan vehicles since December , 1992 . The agency
con tin ues to provide basic maintenance , such as oil changes and lube jobs, but brings more complex jobs to
Englewood 's Serv icenter . The City of Sheridan has been sati5fied with the services provided by Englewood and is
interested ,n continuing our working relationsh ip al the revised hourly rate of $36 .00 per hou r.
FINANCIAL IMPACT
Throughout 1993, 1994, 1995 and 1996, the Servicenter Garage took on the add itional worl<load of servicing
Sheridan 's fleet vehicles . This has been accomplished without add ing additional staff. Income f,-om the City of
Sheridan he lps defray the cost of providing flee t maintenance services to all Englewood Departmen \s. Estimated
1997 revenue -$25,000.00 .
LIST OF ATTACHMENTS
Bill for an Ordinance
Contract
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CONTRACT
TBIB AOIIBllfflNT, cter.cl into tbla __ day of _____ 19118 117 uu1 betnen
the City afEapwood. wbme ad~ ia 3400 South Clati Stnet, BDc1nooc1. Colcn,lo 80110
and 'lbe City Of Sheridan, whooe ~ la 4101 South Fedenl Boulevard, Eojllewood,
Colorado 80110.
TBBMII OF CONTRACT
NOW THEREFORE, rr 18 AGREED by and betweet1 the City of Enclewood and tbe City of
Sheridan that:
1. The City of E111le wcod, Co lorado ahall perform the followiq Nl"rices :
The City of E111lewood lhall perform all r ecaaa,uy re pain and
maintonance on the nli::.1&! ,l<flled by the City of Sheridan to the City of
Sheridan's aatilfaction, ax.d tl:.e (,~ty of Bharidan shall pay to me City of
Englewood for auch Hr'f'iCM the aum ofthirty-aix Dollars ($36.00) per hour,
in addition to the coot to the City ofEn&Jewood of any parta or oulaide vendor
charges plua Twenty pen:ent (20'J,) handling r. ....
2 . Tho City of Englewood will proceed with the performance of the aervices tallod
for ii: Paragraph No . l on Janu,uy 1, 1997 and the Contract shall terminate on
Dece:nber 31, 1997. Three additional one (1) year perioda may be negoliated by
the Gity Man•ll'OI' or hia deaignee.
3 . Some maintenance of the City of Sheridan's vehicles ahall be performed by the
City of Englewood accordilll to a ochedule to be mode by the City of Sheridan
and approved by the City of Englewood NI part of thia qreement, and shall
include work requeated by Sheridan or work identified by Englewood during
inspection of the vehicle.
4 . The City of Englewood ahall repair any vehicles of the City of Sheridan
delivered to the City of En,lewood for that purpose in • good , workmanlike
manner .
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6.
7 .
8 .
The City of Englewood and the City of Sheridan acn,e not to: refuse to bin!,
discharge, promote , demoU-or discriminate in any matter of compensation;
performance, services or otherwise, against any person otherwise qualified
solely because of race, cn,ed, sei, color, national oripn or ancestry.
This Contract may no,: be modified, amended or otherwise oltered unless
mutually agreed upon in writing by the parties.
The City of Englewood by and through its employees and agents shall be
considered for. all purposes of the Contract, to be independent contracwn and
not employees of the City of Sheridan.
Tue City of Sheridan by and through its employees and agents shall be
considered for all purposes of the Contract, to be independent contracwn and
not employees of the City of En,lewood .
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9 . Tbt, City arJ!:11,towO<'d lhalJ not Ulip .r ~!ta;..-ill the C-tnct
without the written COIINDt oftbe 01:J' afSbeidu. Nq anmdbariaed
uid£111Dmt or tnnlfer ahall nndllr tbe Canlnct null, ftid and of no 6ct u
to the Cltf af Sheridan.
10 . The City of S"neridan llhall not uoicn or lnllafer iw ill-in the Contract
without the written CC1111eDt oftbe City afEnclewood. An.v 1111Authorized
ueianmmt or trllllfer shall render the Ccclract 11ulJ, Yllid and af 110 .«ect u
to the City of Enclewood.
11 . The City of Enclewood ab all be reopanaible for the profeuicmal quality,
technical acouracy, timely completion anJ the coordi.natioa afthe repairs
under the Contract. The C:ty ahall, without additi011al compenaati011, com,ct or
revue any erron, omiasiona , or other clelicienciee in ib Mni-related to the
Contract.
12 . Either party of the Contract may terminate the Contract by giving to the other
party 30 da)'I notice in 'ln'itinc with or without Jood cauae abmm . Upon
delivery of such notice by the City of Sheridan to the City af Enclewood 111d upon
expiration oftbe 30 day period, the City ofEncle'lt'O'ld aball diacontinue all
servic..s in conMction mth the perfbnnance of the C011tract.. M 100D as
practicable after receipt of no tic,, of terminal>on, the City af RnaJewood shall
submit a statement, showing in detail the oemcea performN1. under the
Contract to the date of termination. The City of Sheridan aball then pay the City
of Englewood promptly that proportioa afthe preacrlbed cbarp8 which the
services actually performed under the Contract bear to the total services called
for under the Contract, leu aucb __.ta on account of the charges as have
been previuu,ly made. •
13 . All notices and a ,mmunicationa under the Contract to be maile<l or delivered to
the City of Englewood shall be to the follOWU!i addresa:
Director of Public Worlu
City of Englewood
3400 South Elati Sb'eet
Englewood, Colorado ~"110
All notices and communications pertaining to the Contract shall be mailed or
delivered to the City of Sheridan al the followin g address:
City of Sherid111
4101 South Federal Boulevard
Englewood, Colorado 80110
14. The terms and conditions of the COlltract ahaJj be binding upon each City, ita
s uccessors and asaigns .
15. Nothing herein shall be construed u ""eatit,g any personal liability on the part
of any officer or agent of aoy \)ublic oody r.~ich may be party hereto, nor shall it
be co nstrued as giving any righta or ~.!:5!.s hereunder to anyone other than the
City of Sheridan aod the City of Englewood .
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IN 1ffl'NB88 WJIDBOI', the partial hereto have -,ited tbia CaDtnct the da_y ud,..,
lint writta ahcrve .
ATTEST: CTIT OF ENGLEWOOD
Loucriahia A r: io, City Clerlt Th01J\118 J. Bums,~
ATTEST: Cl'IYOFfil1EllIIM"N
Dee Heath, City Cieri<
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