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HomeMy WebLinkAbout1998 Ordinance No. 051• • • ORDINANCE No .5..l_ SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO . 42 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOUTH SAl"\J"TA FE CORRIDOR BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE CITY OF SHERIDAN. WHEREAS , the City of Englewood and the City of Sheridan agree to share the costs based on the percentage of landscaping located within the city limits of the respective cities ; and WHEREAS , the intergovernmental agreement is a cost sharing agreement for maintenance of landscaping along the South Santa Fe Corridor ; and WHEREAS , the City of Englewood and the City of Sheridan have set forth their respective obligations in the Intergovernmental Agreement; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The intergovernmental agreement between the City of Sheridan, Colorado and the City of Englewood, Colorado pertaining to the cost sharing agreement for maintenance of landscaping along the South Santa Fe Corridor, attached as "Exhibit 1", 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 20th day of July, 1998 . Published as a Bill for an Ordinance on the 24th day of July, 1998. Read by title and passed on final reading on the 3rd d a y of August, 1998 . Published by title as Ordinance No . .bl, Series of 1998 , on the 7th day of August, 1998 . -1 - 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. 6.L Series of 1998. ~4fA Loucrishia A. Ellis -2- • • • • • • INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOUTH SANTA FE CORRIDOR THIS AGREEMENT, entered into this day of 1998 by and between the CITY OF ENGLEWOOD, whose address is 3400 South Elati Street, Englewood, Colorado 80110 and the CITY OF SHERIDAN, whose address is 3231 South Zuni, Englewood, Colorado 80110 . WHEREAS, this is a cost sharing agreement for maintenance of landscaping along the South Santa Fe Corridor; and WHEREAS, the project limits, along South Santa Fe are from Englewood's north City limit line f{ale Avenue) and south to Big Dry Creek (Layton Avenue) (See Exhibit A); and wHEREAS , Englewood and Sheridan agree to share costs based on the percentage of landscaping located within the City Limits of the respective cities. Percentages will change as additional new landscaped areas are installed (See Exhibit B); TERMS OF INTERGOVERNMENTAL AGREEMENT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the City of Sheridan that: 1 . The City of Englewood , Colorado agrees to provide the following services: A. Preparation of appropriate plans, specifications and intergovernmental agreement documents for the landscaping maintenance. (Estimated in- house cost $2,500) B. Administration of any maintenance contract or, at Englewood's sole option, the City may perform landscaping maintenance with in-house forces . (Estimated in-house cost $4,400) 2 . The City of Sheridan, Colorado agrees to provide the following services: A . Reimburse Englewood for Sheridan's share of costs for the landscaping maintenance pursuant to this intergovernmental agreement on a semi- annual basis beginning August 4, 1998 with the first payment being due on February 4, 1999 and final payment due on August 3, 1999 . Sheridan's estimated annual share of the maintenance cost is $39 ,575.36 as detailed on Exhibit "B ." B . Reimburse Englewood for costs of repairs to landscaping in Sheridan's portion not covered under this intergovernmental agreement. Englewood will invoice Sheridan for these repairs as incidents occur. Which invoices shall be paid within ninety (90) days of date of receipt by the City of Sheridan. Englewood will deduct amounts received from responsible parties involved in automobile accidents . -1- 3. This intergovernmental agreement shall become effective as of August 4, 1998 and shall terminate on August 4, 1999. The intergovernmental agreement shall be reviewed on an annual basis. Three additional one (1) year periods may be negotiated by the Englewood City Manager and the Sheridan City Administrator. 4 . Billing is to be based on the "actual landscaping maintenance costs as provided in any landscape maintenance contract between the City of Englewood and a private entity." Englewood may use competitive bid process or negotiate a contract per Englewood Municipal Code requirements . 5. Englewood and Sheridan agree to share additional costs for vandalism , automobile accidents, acts of God and other items not covered under this agreement at the same percentages called for in this agreement. 6. For purposes of this intergovernmental agreement, landscaping maintenance is defined as "the furnishing of all supervision, labor, material., equipment, transportation and traffic control required to maintain the landscaping in an attractive , healthy, operable condition." 7. The City of Englewood by and through its employees and agents shall be considered for all purposes of this intergovernmental agree!llent, to be independent contractors and not employees of the City of Sheridan. 8. The City of Sheridan by and through its employees and agents shall be considered for all purposes of this intergovernmental agreement, to be independent contractors and not employees of the City of Englewood. 9. This intergovernmental agreement may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. 10 . The City of Englewood shall not assign or transfer its inte!'est in the intergovernmental agreement without the written consent of the City of Sheridan. Any unauthorized assignment or transfer shall render the intergovernmental agreement null, void and of no effect as to the City of Sheridan. 11. The City of Sheridan shall not assign or transfer its interest in this intergovernmental agreement without the written consent of the City of Englewood. Any unauthorized assignment or transfer shall render the intergovernmental agreement null, void and of no effect as to the City of Englewood. 12. Either party of this intergovernmental agreement may terminate it by giving to the other party 30 days notice in writing with or without good cause shown. Upon delivery of such notice by the City of Sheridan to the City of Englewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all services in connection with the performance of the intergovernmental agreement. As soon as practicable after receipt of notice of termination, the City of Englewood shall submit a statement, showing in detail the services performed under the intergovernmental agreement to the date of termination. The City of Sheridan shall then pay the City of Englewood promptly that proportion of the prescribed charges which the services actually performed under the -2- • • • • • • 13. intergovernmental agreement bear to the total services called for under the intergovernmental agreement, less such payments on account of the charges as have been previously made. All notices and communications under the intergovernmental agreement to be mailed or delivered to the City of Englewood shall be to the following address: City of Englewood 3400 South Elati Street Englewood, Colorado 80ll0 All notices and communications pertaining to the intergovernmental agreement shall be mailed or delivered to the City of Sheridan at the following address: City of Sheridan 3231 South Zuni Street Englewood, Colorado 80ll0 14. The terms and conditions of the intergovernmental agreement shall be binding upon each City, its successors and assigns. 15 . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City of Sheridan and the City of Englewood . IN WITNESS WHEREOF, the parties hereto have executed this intergovernmental agreement the day and year first written above. ATTEST: CITY OF ENGLEWOOD Loucrishia A. Ellis, City Clerk Thomas J . Burns, Mayor ATTEST: CITY OF SHERIDAN -3- __ , -· !~ ii -~ ~ ~ "' a h ~:r 0 0 ~ 0 ~ u ::> ~ "' z 3 "' .. a 0 0 0 ~ ...J (!) z w u. 0 ~ i (3 • ~ ... ·j5 r,1; z c( 0 a: w I en u. 0 >-I- (3 \ NOi I I _JQ_ tt-o n110 ---.J!!_O _'".J ll'! ·~ .. :~ • • • . . • • • SANT A FE LANDSCAPING I HAMPDEN MEDIANS 1998-99 MAINTENANCE ESTIMATE 1998-99 COST 1998 SCHULTZ INDUSTRIES BID DEDUCTION FOR HAMPDEN MEDIANS (6,463 S.F@ $0.2779) $54,650.00 -$1,796.10 ESTIMATED WATER ESTIMATED ELECTRICITY ESTIMATED PLANT REPLACEMENT & REPAIRS 1998 TOTAL COST: SHERIDAN TOTAL: ENGLEWOOD TOTAL: LOCATION 1 W. SIDE OF SANTA FE S. OF SANTA FE CR. 2 W . SIDE OF SANTA FEN. OF SANTA FE CR. 3 MEDIAN AT SANTA FE CR. 4 MEDIAN NORTH OF UNION 5 W . SIDE FOR SANTA FE@ RED & JERRY'S 6 MEDIAN SOUTH OF FT. LOGAN SPUR 7 MEDIAN NORTH OF FT. LOGAN SPUR 8 S.W . CORNER OF OXFORD & SANTA FE 9 MEDIAN NORTH OF OXFORD 10 W . SIDE OF SANTA FE S. OF KENYON 11 W . SIDE OF SANTA FEN. OF KENYON 12 SANTA FE MEDIAN@ HAMPDEN 13 SANTA FE MEDIAN@ HAMPDEN 14 SOUTHERN HAMPDEN RAMPS 15 NORTHERN HAMPDEN RAMPS 16 S. SIDE OF ROB ROY RD. 17 N. SIDE OF ROB ROY RO . 18 MEDIAN@ ROBROY RD . 19 MEDIAN SOUTH OF DARTMOUTH 20 W. SIDE OF SANTA FEN. OF DARTMOUTH 21 1 ST MEDIAN NORTH OF DARTMOUTH 22 2ND MEDIAN NORTH OF DARTMOUTH 60 .31% 39.69% OWNER ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGLEWOOD SHERIDAN SHERIDAN SHERIDAN SHERIDAN SHERIDAN SHERIDAN SHERIDAN SHERIDAN ENGLEWOOD SHERIDAN SHERIDAN ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGLEWOOD TOTAL AREA: = = AREA(SF) 3,970 7 ,909 4 ,504 1,330 3,378 2,270 1,766 42 ,529 6 ,544 18 ,969 8,100 6 ,763 647 11 ,728 12,649 20 ,250 21 ,469 2 ,971 550 3,576 353 7,962 $3,506 .00 $1,260.00 $8,000.00 $65,619.90 $39,575.36 $26,044.54 PERCENT 2.09 4 .16 2 .37 0.7 1.78 1.19 0.93 22.36 3.44 9.97 4.26 3.56 0.34 6.17 6.65 10.65 11 .29 1.56 0.29 1.88 0.19 4.19 190,187.00 S.F. • x M I B I T 8 • • • COUNCIL COMMUNICATION Date Agenda Item Subject City of Sheridan IGA for Landscape Maintenance July 20, 1998 10 a ii Contract Initiated By Staff Sources Jerrell Black, Director of Parks and Recreation Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved a contract for the installation of landscaping on South Santa Fe Drive and West Hampden Avenue, by motion, on October 7, 1996. RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance approving an Intergovernmental Agreement with the City of Sheridan for participation in a maintenance agreement of the Santa Fe Drive and Hampden Avenue medians . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The cities of Englewood, Sheridan and Littleton identified the need to enhance improvements along the South Santa Fe corridor. Englewood and Sheridan share common boundaries along the Santa Fe corridor. This IGA would be a cost sharing agreement for the areas in each city. Englewood and Sheridan agree to share costs based on the percentage of landscaping located within the city limits of each respective city. This would be a 40/60% split of associated costs for maintaining the landscaping between Englewood and Sheridan. The project limits are from Yale Avenue to Layton Avenue. FINANCIAL IMPACT One bid in the amount of $54,650.00 was received from Schultz Industries, Inc. for maintenance of the landscaping. LIST OF ATTACHMENTS Proposed Bill for an Ordinance IGA for Landscape Maintenance of Medians