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Home My WebLink About1999 Ordinance No. 078• • • ORDINANCE NO . ii. SERIES OF 1999 BY AUTHORITY /) 11--IJ-11: 1 O b iv ~ ls?-99 COUNCIL BILL NO . 80 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD LIONS CLUB FOR MAINTENANCE OF THE ENGLEWOOD LIONS CLUB MINIATURE TRAIN. WHEREAS , the Englewood Lions Club approached the City regarding contracting with the City for maintenance of their miniature train, which is operated and housed at Belleview Park; and WHEREAS, the City of Englewood and the Englewood Lion's Club desire to enter into an agreement whereby Englewood shall provide the Englewood Lions Club with maintenance of the Englewood Lions Club Miniature Train; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The Contract between the City of Englewood , Colorado and the Englewood Lions Club pertaining to the maintenance of the Englewood Lions Club Miniature Train, attached 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 Contract for and on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 6th day of December, 1999 . Published as a Bill for an Ordinance on the 10th day of December, 1999. Read by title and passed on final reading on the 20th day of December, 1999 . Published by title as Ordinance No.1.f, Series of 1999 , on the 24th day of December, 1999 . -1 - I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop_y,fl the Ordinance passed on final reading and published by title as Ordinance No. p , Series of 1999. -2- • • • • • • CONTRACT THIS AGREEMENT, entered into this __ day of , 1999 by and between the City of Englewood, whose address is 3400 South Ela ti Street, Englewood, Colorado 80110 and The Englewood Lions Club, whose address is P .O . Box 205 , Englewood, Colorado 80151. TERMS OF CONTRACT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and Englewood Lions Club that: 1. The City of Englewood shall, according to a schedule to be made by the Englewood Lions Club and approved by the City of Englewood, perform maintenance of the Englewood Lions Club miniature train and shall also perform repairs requested by Englewood Lions Club or identified by the City of Englewood during inspection of the miniature train. 2. The City of Englewood shall repair the miniature train of the Englewood Lions Club delivered to the City of Englewood for that purpose in a good , workmanlike manner. 3. The Englewood Lions Club shall pay to the City of Englewood for such services the sum of thirty-eight Dollars and twenty cents ($38.20) per hour, in addition to the cost to the City of Englewood of any parts or outside vendor charges . 4. This Contract shall authorize the services called for in Paragraph No. 1, for 1999. Three additional one (1) year periods may be negotiated by the City Manager or his designee. 5 . The City of Englewood and the Englewood Lions Club agree not to : refuse to hire, discharge , promote , demote or discriminate in any matter of compensation ; performance , services or otherwise, against any person otherwise qualified solely because of race , creed, sex , color , national origin or ancestry. 6. This Contract may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. 7. The City of Englewood by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the Englewood Lions Club. 8. The Englewood Lions Club by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City of Englewood . -1 - I! x H I B I T A 9. The City of Englewood shall not assign or transfer its interest in the Contract without the written consent of the Englewood Lions Club. Any unauthorized assignment or transfer shall render this Contract null, void and of no effect as to the Englewood Lions Club. 10 . The Englewood Lions Club s hall not assign or transfer its interest in the Contract without the written consent of the City of Englewood. Any unauthorized assignment or transfer shall render the Contract null, void and of no effect as to the City of Englewood. 11. Either party of the Contract may terminate the Contract by giving to the other party 30 days notice, in writing, with or without good cause shown. Upon delivery of such notice by the Englewood Lions Club 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 Contract. 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 Contract to the date of termination. The Englewood Lions Club shall then pay the City of Englewood promptly that proportion of the prescribed charges which the services actually performed under the Contract bear to the total services called for under the Contract, less such payments on account of the charges as have been previously made. 12. All notices and communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Director of Public Works City of Englewood 3400 South Elati Street Englewood, Colorado 80ll0 All notices and communications pertaining to the Contract shall be mailed or delivered to the Englewood Lions Club at the following address: Englewood Lions Club P .O. Box Englewood, Colorado 80151 13. The terms and conditions of the Contract shall be binding upon each entity, its successors and assigns. 14. 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 a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Englewood Lions Club and the City of Englewood. -2- • • • • • • IN WITNESS WHEREOF , the parties hereto have executed this Contract the day and year first written above. ATTEST: CITY OF ENGLEWOOD Loucrishia A. Ellis , City Clerk Thomas J. Burns, Mayor ATTEST: ENGLEWOOD LIONS CLUB -3- " ' " •• • • .. .. COUNCIL COMMUNICATION Date Agenda Item Subject Englewood Lions Club Train December 6, 1999 10 a iii Maintenance Agreement Initiated By Staff Source Department of Public Works Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council's goal is to utilize intergovernmental and interagency cooperative opportunities. Similar opportunities have occurred with Eng lewood Schools and the City of Sheridan. RECOMMENDED ACTION Staff seeks Council approval of a bill for an ordinance authorizing the Mayor to sign an agreement with the Englewood Lions Club for maintenance of the Englewood Lions Club Miniature Train. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Lions Club recently approached the City of Englewood regarding contracting with the City for maintenance of their min iature train , which is operated and housed at Belleview Park. An initial agreement was reached, stipulating that the City of Englewood will service the train in 1999 at a cost to the Lions Club of $38 .20 per hour, plus parts. This is the same rate the City currently charges Englewood Schoo ls and the City of Sheridan for fleet maintenance services. In the year 2000, the rate will be increased to $39.40 per hour , plus parts. FINANCIAL IMPACT The hourly rate of $38 .20 in 1999, and $39.40 in year 2000, covers the City's expenses for services performed; a 20% mark up on parts is added. LIST OF ATTACHMENTS Proposed Bill for an Ordinance lnteragency Agreement