Loading...
HomeMy WebLinkAbout1997 Ordinance No. 031ORDINANCE NO. 3;.j_ SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF THORNTON IN RETURN FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS. WHEREAS, the City of Englewood owns, operates and maintains a milling machine utilized to remove the asphalt or concrete surface from roadways for the purpose of overlaying new asphalt or concrete; and WHEREAS, the City of Englewood currently provides rotomilling services to the Cities of Westminster 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 Englewood and the City of Thornton benefit from such an agreement; and WHEREAS, the City Council of the City of Englewood, Colorado authorized such agreement with the passage of Ordinance No. 29, Series of 1994, Ordinance No. 28, Series of 1995 and Ordinance No. 22, Series of 1996; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 10 b iii Section 1. The intergovernmental agreement with respect to an agreement between the City of Thornton, Colorado and the City of Englewood, Colorado for an exchange of the City of Englewood's rotomilling services to the City of Thornton in return for sand/salt, hot mixed asphalt, or crushed aggregate materials, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. 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, Colorado. Introduced, read in full, and passed on first reading on the 21st day of April, 1997. -1- Published as a Bill for an Ordinance on the 24th day of April, 1997. Read by title and passed on final reading on the 5th day of May, 1997. Published by title as Ordinance No. ~' Series of 1997, on the 8th day of May, 1997. Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No.~' Series of 97. -2- .,:,, .-" . INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON AND THE CITY OF ENGLEWOOD FOR THE EXCHANGE OF GOODS AND SERVICES THIS AGREEMENT is entered into this __ day of 19__, by and between the City of Thornton, a Colorado municipal corporation, (hereinafter referred to as "Thornton") and the City of Englewood, (hereinafter referred to as "Englewood"). WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution, as well as Sections 29-1-201, et~ and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and WHEREAS, Englewood owns, operates and maintains a milling machine utilized to remove the asphalt or concrete surface from roadways for the purpose of overlaying new asphalt or concrete; and WHEREAS, Thornton wishes to utilize said milling machine for use in maintenance of the streets located within Thornton; and WHEREAS, Thornton and Englewood desire to contract with one another for the exchange of goods from Thornton for use of Englewood's milling machine; and WHEREAS, this Agreement will be of use and benefit to the citizens of both Thornton and Englewood. NOW, THEREFORE, THE PARTIES HERETO , FOR GOOD AND VALUABLE CONSIDERATION, T.HE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY AGREE AS FOLLOWS : A. RESPONSIBILITIES OF ENGLEWOOD 1. Englewood shall make available to Thornton its milling machine during the period between June 1, 1997, and July 1, 1997, inclusiv e, for the purpose of milling approximately twenty-five thousand eight hundred sixty-three (25,863) square yards of asphalt at a depth of one and one-half inches. 2. Englewood shall perform, at all times, all repairs and maintenance to the milling machine necessary, including the time periods in which the milling machine is being used in Thornton. -1 - e x H I B I T A 3. An employee or contractor of Englewood shall operate the milling machine for Thornton, at locations and specifications directed by Thornton during the above specified time periods. If a contractor of Englewood is used to perform the work hereunder, that contractor shall be required by Englewood to indemnify the City of Thornton, it's officers, and employees from and against all liability, claims, demands, and expenses, including court cost and attorney fees, on account of any injury, loss, or damage, which may arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by the negligent acts, errors, or omissions of the contractor, or·· any officer, employee, or agent of the contractor. 4. Englewood shall make available to Thornton the milling machine at the time specified above. Cost of both delivery to Thornton and return to Englewood shall be the responsibility of Thornton. 5. Englewood shall maintain, at its own expense, during the term of this Agreement, Worker's Compensation Insurance as required by the Labor Code of the State of Colorado, Employer's Liability Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance with minimum combined single limits of not less than $600,000 per occurrence. The insurance required above shall be provided through Englewood's participation in a governmental insurance pool (CIRSA). Englewood shall cause any contractor of Englewood to procure and maintain minimum insurance coverage listed herein. B. RESPONSIBILITIES OF THORNTON 1. Thornton shall reimburse Englewood for the use of the milling machine by the provision of goods that are normally purchased by Thornton to be identified by Englewood from the following items: 2. a) sand/salt b) hot mixed asphalt c) crushed aggregate The value of the goods supplied to Englewood by Thornton shall be equal in value to the cost of milling twenty-five thousand eight hundred sixty- three square yards of asphalt one and one-half inches deep. The value of the above is $0.40 /square yard. In the event the amount of roadway milled is less than or more than the above, the value of the goods provided to Englewood by Thornton shall equal the yardage milled times $0.40 I square yard. -2 - .... .... . ~ .>' I ... '\ 3. The goods shall be delivered to Englewood by the vendor of the goods once the milling has been completed and the total amount and nature of the milling has been calculated. Once the amount has been calculated and agreed to by both parties, Thornton shall complete a vendor purchase order for the goods selected by Englewood in the amount o f the value of the milling as calculated in Section B.2. above. 4. 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 operation of the milling machine itself. C. ASSIGNMENT This Agreement shall not be assigned by either party without the prior written consent of the other. D. NOTICE Any notice required or permitted by this Agreement shall be in w riting, and shall b e deemed to have been sufficiently given for all purposes if sent by cer tifi ed mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address se t forth below, or at such o ther address a s 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 M ail. The notice shall be sent to: City of Englewood Street Operations 2800 South Platte River Drive Englewood, CO 80110 c/o Wayne Oakley E. PARA GRAPH CAPTIONS City of Thornton Street Operations 9500 Civic Center Driv e Thornton, CO 802 29 cl o Mason Staub The captions of the paragraphs are set forth only for the conv eni ence and referer ·:e of the parties and are not intended in any way to define , limit or describe the scope or intent of this Agreement. F. INTEGRATION AND AMENDMENT This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This A greement may be amend e d only by an instrument in writing signed by the parties. If any other -3 - provision shall be affected by such holding, all of the remai...'1.i.ng provisions of this Agreement shall continue in full force and effect. G. WAIVER OF BREACH A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. H. VENUE This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Arapahoe, State of Colorado. I. TERM This Agreement shall terminate at such time as the conditions stipulated herein are complete or upon 10 days advance written notice, whichever occurs first. In the event the Agreement is terminated by the issuance of advance written notice of intent to terminate, each party shall be compensated by the other for the goods and services provided. J. COMPLIANCE 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. ADDITIONAL DOCUMENTS OR ACTION The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. L. INDEPENDENT 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 provision appearing in this Agreement, all personnel assigned by Englewood to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Englewood for all purposes. Further, all personnel assigned by Thornton to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Thornton for all purposes. -4 - ' •, ' . . ' ;, .... M. GOVERNMENTAL IMMUNITY -The parties hereto understand and agree that Thornton and Englewood, their officers, and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10101 et seq., as it is from time to time amended, or otherwise available to Thornton and Englewood, their officers, or employees. N. AUfHORITY The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of Thornton and Englewood. DONE AND SIGNED ON THE DATE ABOVE FIRST WRITIEN BY: CITY OF TIIORNTON Margaret Carpenter, Ma y or ATTEST: Nancy Vincent, City Clerk APPROVED AS TO FORM: Margaret Emerich, City Attorney -5 - ... .., CITY OF ENGLEWOOD Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney I u3/ dtyatty I agree /IGAs / engle.wp5 -6 - ... • . ,. Date April 21 , 1997 INITIATED BY COUNCIL COMMUNICATION Agenda Item 10 a iii STAFF SOURCE Subject Ordinance for Intergovernmental Agreement with Thornton Department of Public Works Charles Esterty, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinance No. 29, Series of 1994, Ordinance No. 28, Series of 1995 , and Ordinance No . 22 , Series of 1996 to enter into an agreement with the City of Thornton to exchange our rotomilling services for goods provided by Thornton. RECOMMENDED ACTION Staff seeks Council approval of an ordinance to enter into an agreement with the City of Thornton to exchange our rotomilling services for goods prov ided by Thornton. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood currently provides rotomilling services to the Cities of Westminster and Littleton in exchange for paint striping and concrete work, respectively . Continuing our agreement with the City of Thornton , Englewood would receive items of choice, including sand/salt; hot mixed asphalt; or crushed aggregate. FINANCIAL IMPACT Based on $0.40 per square yard , this amounts to a substantial savings for Thornton and a benefit for the City of Englewood. LIST OF ATTACHMENTS Bill for an Ordinance Intergovernmental Agreement