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Home My WebLink About1996 Ordinance No. 066• • ORDINANCE NO . fJ!v SERIE90Flllll6 BY AUTHORITY COUNCIL BILL NO . 71 JNTBODUCBD BY COUNCU. MEMBER HATHAWAY AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREF.MENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGU.'WOOD PUBUC SCHOOLS WHEREBY THB CITY OF ENGLEWOOD WILL PROVIDE THE ENGLEWOOD PUBUC SCHOOL'S WITH VEIDCLE MAINTENANCE . WHEREAS, the City of Englewood bu bem .-vidnc lb• &,lewood Public Schoola vehicles llince December, 1992; and WHBR&\S, tho City ofEn(iewood and Enslawoocl Public Scbooll deeire to nmew lbe qreement wbenby Enslewood prcvid• Bnclewood Public Schoola with Yehicle mainte4&Dce; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Sill:wlD...l-The intergovernmental .,,..,.,.....t between Ensiawood Public Schools and the City of Ezislewoocl, Colorado for vehicle maintelwlce, attached u "Ezbibit A", u hereby accepted and approved by the Englewood City Council . The Mayor ii autharbed to ezecute and the City Clerlr. to attest and seal the A,reemmt far and OD behalf of the City of Englewood, Colorado . lntroduced, read in lull, and paued OD fint reading OD the 18th day of November, 1996. Publiahed as a Bill for an Onlinance OD the 2 1st day of November, 1996. Read by title and passed OD final reading OD the 2nd day of December, 1996. Published by title u Ordinance N.f/4, Series of 1996, on the 5th day of December, 1996 . L d!uo Louc:riahja A. Ellis, City Clerk I , Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing i1 a true cql>J,,Of tbt Onlinance paaecl on fin,j reading and _,.....,..,.o,.,,.,..N..,._,.. • .,,~ :/{i&, Loucriahia A. EJl ia -!- CON'l.'&\CT TBI8 AGRERJilENT, mimed into tbla __ day of ___ " 1998 by ucl between tho City of Eqlomod, wllme addr.. ii 8'00 South Elati Street, Enp,wood, Colorada 80110 and The Enalnood hblic Scbool'1, wboeo adclreu ii '101 South Bar.noc:k Stnet, E111l,,wood, Colorado 80110. TERMS OF CON'IBACT NOW THEREFORE, IT IS AGREED by and between the City of E,.glewoocl and the Englewood Public School'• that: 1 . Tbe City of Bng'-ood, Colorado llhall perform the following oenite1: The City of Bngl-ood llhall perform all nec:N&Uy repain and malnt,.,_ an the -.ehiclee owned by the Bngl-ood Pnblic Sc:hool._ to the Eqlewood Pablic School'• 1atidactian, and the Bnclewood Pl>blic Sc:hool'1 llhaU pa.y to the City of Engl ... ood for 111ch ■emcee tho 1U111 of tbiJty-eis Dalian ($36.00) per hour, in additior, to the COit to the City ol"Eqlewood of any puu or oatalde _,dor W!i(IIII plu1 Twenty p■n:mt (21>,1,) handlilll fee . 2. Tbe City ofBnglewood will proceed with the perfcrmanoe of the ■emCN called for in Paracraph No . 1 on Jan11a1y 1, 1997, ed the Ccmtrr.t oball terminate an Deonnber 31, 1997. Three additional one (1) ye.,. period.o n1ay be negotiated by the City Manapr or bill deoignee. 3 . Some maintenance of the Englewood Public School'■ vabicles oball be • performed by th■ City al Englew,<>d according to ., schedule to be made by the Englewood Public Scboo1'1 and appro,'l!d by the City of Enpewood u part of this agreement, and lhail include work requested by the Englewood Public School's or work identified by Englewood during inspection of the vehicle. 4 . The City of Engl-ood shall repair any vehicles of the Englewood Public School's deliven,d to the City of Englewood for that purpooe in a good, workmanlike manner. 5 . The City of Englewood and the Englewood Public School's agree not to: refuse to hire. diaclw:&e. promote, demote Jr discriminate in any matter of compeuaaticm; performance, services or otherwise, against any person otherwise qualified solely because of race, creed, eex, color, national origin or ancestry . 6 . This Contract may not be modified , amended or otbenri■e aJtce<I 1llllee1 m u L :ally agreed upon in writing by the partfos. 7 . The City of Englewood by and through Its employees and apnlll llhall be considered for all purpo■e1 of the Contn.,t, to be independent oontracton and not employees of the Englewood Public School'•· 8 . The Englewood Public Scho,l'• by 11I1d through ita employees and agents shall be considere<! fur all purpose& of the Contract, to be independent contractors and not amplayees of the City of Englewrod . -1- • • • 8. fte City al'Bn,lft-ood lhal1 not lllllp, er tnllldir itJ'lntarwt ill the Ccntract witbout the writwi C0111mt ol'the Enslewood Pablic Scbool'M. Az,y unautharia.ed u1isnJDent or tnullfer ahall nnder the Contract null, void and al"" effect u to tho Enclewood Public Scbool'1 . 10. Tbe Enclewood Public School', ahall not uaip or tnnlfor its interest iD the Ccntnct without the writleD COD11Dt of the City ol Englewood. Any unautharia.ed auipunont or tnmafor ahall render tho Contract null, void and ol DO affect U to the City olEnclewood. 11 . Tbe City of Englewood ahall ':Mt reeponaible for the profeuional quality, technical accuracy , timely completion and the coordiDation of the n,pam muler the Contract. The City ahall, without additicmal compenaation, cornet or reviae any errors, omiuiODI, or other deficiencies in it.a aervicea related to the Contract. 12. Either party of the Contract may terminate the Contract by giving to the other party 30 dayo notice in writmc with or without rood cauae abown. Upon deli""Y of aucb notice by the Englewood Public BdlDol'a to the City or Englewood and upon apiratian of the 30 day period, the City of Englewood ahall di scontinue all services in connection with the performance of the Contract. AI,, l00ll u practicable after receipt of notic, of termination, the City of Englewood shall submit a statement, ahowing in detail the aen-iceo performed under the Contract to the date of termination. The Englewood Public School's aball then pay the City of Englewood promptly that proportiou af the prescribed chargee ...-hicb the services octually performed under the Ccmtract bear to the total aervices called for under the Contract, leu ouch payments on account of the charges u have been previously m a de. 13 . All noticea and communications under the Contract to be mailed nr delivered to the City of Englewood aball be to the following address : Director of Public Worlu City of Englewood 3400 South Elati Street Englewood , Colorado 80110 All notices and communications pertaining to the Contract ahall be mailed or delivered to the Englewood Public School's at the following addreaa : Englewoo;l Public Scbool'o 4101 South Bannock Street Englewood, Colorado 80110 U . The terms and conditiono of the Contract aball be binding upon entity, its successors and a.a1igna . 15 . Nothing herein shall be CODltrued u creating any penonal liability on the part of any officer or agent of an y pubhc body which may be party hereto, nor aball it be conl!lnled u giving any ri«i,t~ or benefit& hereunder to anyone other than the Englewood Pnblic Scbnel's and the City of Englewood . -2- IN 1l'1TNl88 WIIBDOI', the putioo ~ban_.. t.bia Oonmct dill ti-, and yeu fint written al-,,. ATTEST: Cl'l'Y OF ENGLEWOOD Loucrishia A. Ellio, City Clerk Thomu J . Bw:ua, Mayor ATTEST: ENGLEWOOD POBI.JC 8CBOOL'S _.P..._ • .,;&~ .:oe Davidaon -3- • • • Date November 18, 1996 INITIA TEO BY COt lNCIL COIIIIUNIC4 TION Agenda Item 11 a i Subject Englewood Schools Fleet Ma intenance Contract Department of Publ ic Wor1<s I STAFF SOURCE Charles Esterty , Directer of Public Wo<1<s COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Th is proposed Intergov ern mental Ag ree ment is an example of regional cooperation , wh ich Council set forth as a goa l in 1994 . Council approved simila r fleet maintenance 1greements with Englewood Schools for 1993 , 1994, 1995 and 1996. RECOMMENUED ACTION Stall seeks Cou ncil app roval of a bill for an ord in ance authoriz ing th e Mayo r to slg n an Intergovernmenta l Agreemer:1 with Er,glewood School!' for fleet ma intenance . BACKGROUND , ANAL YSIS , ANO ALTERNATIVES IDENTIFlEO The City of Englewood has been servici ng Englewood Schools vehicles since Decembe r, 1992 . The agency corotinues to provide bas ic ma intenence , such as oil changes and lube jobs , but brings more complex jobs to Englewood 's Servicenter. Englewood Schools has been satisfied wijh the services provided by Englewood and is in !erested in conti nuing our wor1<ing relationsh ip at the revised hourt, rate of $36 .00 per hour . FINANCIAL IMl'ACT Thro ug hout 1993, 1994, 1995 and 1996, the Serv ice nter Garag e took on the add ~na l worll'?ad of serv icing Englewood Sch ools' fleet vehicles . Th is has been accomplished without add ing ad ditional stall. Income from Eng lewood Schools hel ps defray the cost of provid ing flee t ma intenance se rvices to an Englewood Departments . Esti mated 1997 revenue -55 ,000.00. LIST OF ATTACHMENTS Bill for an Ord ina nce Contra ct • • 1'IDII AGBDJO!NT, _.__ illto lbia __ day"'----• 11,.-. by ud bat.... the City c{Bnpwood, wbaN ad4NN ii 3400 South EWi &nit,~-,!, i.:olarado 80110 and The Enclewood Public Scboal'a, wbNe .W.-ii 4101 South Bunoc:k Street, Enaiewood, Colorado 8(i110. TBBMS OP CON'IJI.ACT NOW THEREFORE, rr 1B AGREED by and betwNn the City of Enalowood ud the Englewood Public Schoo1'1 that: l . The City of Ezia)ewood, Colorado ahall perform tbo followina aervicea: The City of Englewood ahall perform all neceuary npain ud mainlienaDce on the vehiclea owned by the EniJowood Public School'a to the Englewood Public School'• aamfaction, ud th, Englewood Public School's ahall pay to the City of Enp,rood for aw:h aervi<:es the 1WD of tbirty-m DolJan ($36.00) per hour, in addition to the CXJOt to the City of Englewood of any part& or outaido vendor char¥1'8 plua Twenty percent (209!,) handling fee . i . The City of En,lewood will proc9lld with tbe performance of the aervicoo called for in Parap-apb No. 1 an Januuy 1, 1997, and the Cont.net ah, ll terminate cm December 31 , 1997. Three additianol one (1) year periods may t ., nogutiated by the City Manager or hil desiinte- 3 . Some maintenance of tbe En&iewood Public School's vehicl• · o·;a)l be performed by tbe City of Englewood accordiDJ to a acbedule to (I , made by tbe En&lewood Public School's and opproved by the City of Englewood u part of this agreement, and ahal1 include work requeated by tbe Englewood Public School'• or work identified by Englewood during inspection of tbe vehicle. 4 . The City of Englewood ahall repair any vehiclea of tbe Englewood Plulic School's delivered to tbe City of Englewood for that purpoee in a good, workmanlike manner . 5 . The City of Englewood and tbe Englewood Public School's agree not to: refuse to hi.-.. diacharge, promote, demote or diacriminate in any matter of comJK:!ll&tion; performance , services or otherwiae, against any person otherwise 1t1lalified solely beca.use of race , creed , sex, color, national origin or ancestry. 6 . This Contract ma)' not be modilied, amended or utherwise altered unless mutually agreed upon in writing by t!JO pu ties . 7 . Th• City of Englewoo.i by and through its employees and agents shall be considered for all purp,11es of the C',an!:ract, to t,,, ind ependent contracton and not employees of tbe E1,glewood Public School's. 8. The Englewood Public School'• by and through its employeeo and a ,ents shall be considered for all purpooe11 of the Cantrac,., to be independent contractors and not employees of the City of Eriglewood . -1- 9 . The City alllnplwaod lihall not uaicn or tna'lfer !ta .-t In tba Contnct witboGt the~ eammt alllM Eqlnood Public 9c:bool'u. An:, • unauthoriled IINicnment or trandor lhall rendlr the CCDtract null, void a11d of no oll'ect • to the Bnclewood Public Scbool'1 . 10. The Enclewood Pl1blic School'• lhall not ualcn or tr....c.r 1111 interoat In the Contract without the written COIIMllt oftba City al Enpwood. NJ.y unauthorized umcnment or t:rlnafer lhall render tba Contract null, void and of DO eft'ec:t U to the City of Englewood. 11. The City of Enslewood ,hall be NIOJ)Olllible for the pnnMional quality, technical ICCUJ'KY, timely completion and the coordiDatian of tba repain under the Contract. The City lhall, without additional compenaation, correct or revile any errors, omiuiona, or other delicienci11 In ita ..-ricea related to the Contract. 12. Either party of the Contract may terminate the Contract by lfflDC to the other party SO daya notice in writing with or without good cauN ""°""· Upon delivery of aucb notice by the Englewood Public Scbool'a· ID the City of Englewood and upon expiration of the SO day period, the City of En,lewood shall discontinue all Mr-rices In connection with the performante of the rootract. AI, soon u practicable after receipt of notice of termlnati..., the City of Enclewood shall submit a lta-ent, showing In detail the oemo:ee performed under the Contract to the date of termination. The EnsJewood J>ublic Schoal'1 shall then pay the City ofEnslewood promptly that propottion oftbe ~ charges which the servic:s actually performed under lhe Contract bear to the total services called for under the Contract, lesa auch payments on account of the chai-ges u have been previOlll!y made. • 13 . All notices and communicationa under the Contract to be mailed or delivere,! to the City of Englewood lhall be to the following address: Dittetor of Public Works City of Englewood 3400 South Elati Str...t Enclewood, Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the Englewood Public School's at the following address : Englewood Public School's 4101 South Bannock Street Englewood, Colorado SOHO 14 . The tc:-ma and conditions of the Contract shall be binding upon entity, its succesaors and a.ssign!. 15 . Nothing herein shall be construed as creating any personal liability on the part of any offic•r or agent of any public body which may be pL-ty hereto, 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-• INWl'ffiB88 WBDmF, tho putill _..., _. _._ tbla Cantnct the c1a,r ad,.... llntwrittaabon. A'M'EST: crrY OF BNGLEWOOD Loucriahia A-Ellia, City Clerk Thomu J . Burna, Mayor A'M'EST: ENGLEWOOD PUBLIC SCHOOL'S Ro,coe DavidAon -3-