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Home My WebLink About08469ORDINANCE NO. 8469 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND COUNTY OF PUEBLO FOR THE USE OF THE CITY'S CAR WASH FACILITIES, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement between the City of Pueblo and the County of Pueblo for the use of the City’s car wash facilities, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is authorized to execute the Agreement for and on behalf of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: March 26, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: April 9, 2012 Background Paper for Proposed ORDINANCE DATE: March 26, 2012 AGENDA ITEM # R-9 DEPARTMENT: POLICE DEPARTMENT LUIS VELEZ, CHIEF OF POLICE TITLE AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND COUNTY OF PUEBLO FOR THE USE OF THE CITY'S CAR WASH FACILITIES, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME ISSUE Should City Council approve the Intergovernmental Agreement? RECOMMENDATION Approval of the Ordinance. BACKGROUND The Fleet Maintenance Division of the Public Works Department currently uses the City’s car wash facilities to wash City owned vehicles, including those operated by the Police Department. Fleet employs a part-time employee for this purpose. This employee has a variety of other duties and thus, is not always available to wash the Police Department’s vehicles when desired. As a result, the Police Department’s vehicles often appear dirty and unprofessional. The Pueblo County Sheriff’s Office uses Inmate Trustee labor to wash its vehicles; however, it currently lacks the facilities to legally wash the vehicles. The Pueblo County Sheriff’s Office approached the City desiring to form a partnership that would allow both the City and County officer vehicles to be washed. The attached agreement resulted from these discussions. The agreement provides that the Pueblo County Sheriff’s Office will provide the labor to wash the vehicles through the use of its Inmate Trustee labor force. The Inmate Trustees will hand- wash the vehicles at the City’s car wash facilities. The City will provide all necessary supplies and equipment for the Inmate Trustees to wash the vehicles. The Pueblo County Sheriff’s Office will be responsible for supervising the Inmate Trustees. FINANCIAL IMPACT None. INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF PUEBLO AND CITY OF PUEBLO, A MUNICIPAL CORPORATION FOR USE OF CITY CAR WASH THIS AGREEMENT is entered into with an effective date of January 1, 2012, by and between the County of Pueblo, a body corporate and politic, acting by and through its Board of Commissioners (hereinafter referred to as "County ") and the City of Pueblo, a Municipal Corporation (hereinafter referred to as the "City "). WHEREAS, City is a Colorado home rule city organized and existing under and by virtue of Article XX of the Colorado Constitution; and WHEREAS, sections 18(2)(a) and (b) of Article XIV of the Colorado Constitution and C.R.S. § 29 -1 -203, authorize governments to cooperate or contract with one another "to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units "; and WHEREAS, the City owns and operates, for the maintenance of its vehicles, a car wash located at 210 S. Mechanic Street, Pueblo, Colorado (the "Car Wash "); and WHEREAS, the County Sheriff's Department desires to use the Car Wash to wash and maintain its fleet of vehicles; and WHEREAS, the City and County desire to utilize the County's Inmate Labor Crew Trustees to hand wash City and County vehicles at the Car Wash; and NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: 1. OPERATION OF CAR WASH. (a) Subject to availability of the Car Wash and its usage by the City, the City agrees to allow the County to make use of the Car Wash between the hours of 8:00 a.m. and 4:00 p.m., Monday through Saturday ( "Hours of Operation ") for the purpose of washing vehicles owned by the County, the City, or other outside agencies that have contracted with the City. Use of the Car Wash is "AS IS" and "WITH ALL FAULTS" and no warranty is made by the City as to its suitability for any purpose. The Hours of Operation may be modified at the discretion of the City due to inclement weather, including freezing temperatures. No personal vehicles may be washed at the Car Wash. (b) In return for the use of the Car Wash, the County shall provide Pueblo County Sheriff's Office Inmate Labor Crew Trustees ( "Inmate Trustees ") to hand wash approved vehicles in the Car Wash bay and adjacent areas during its Hours of Operation at no cost to the City. The County shall be responsible for transporting the Inmate Trustees to, and from the Car Wash. The County shall provide Inmate Trustees with food and appropriate clothing for the work to be performed at the Car Wash during the Hours of Operation. The County shall provide reasonable supervision of the Inmate Trustees in accordance with the County Sheriff's policy regarding inmate labor. City Police Officers shall comply with Police Chief directives regarding use of the Car Wash and inmate labor, including, but not limited to, the requirement that City Police Officers remain with their vehicles while the vehicles are being washed. (c) The County's use of the Car Wash is not exclusive. The primary purpose of the Car Wash shall remain the servicing of the City's fleet. The City may use the Car Wash at any time. During the Hours of Operation, City may utilize the Inmate Trustees provided by the County at no cost for the exclusive purpose of washing cars. 2. MAINTENANCE AND REPAIR. The City shall provide Inmate Trustees with all equipment and supplies necessary to hand wash approved vehicles, including but not limited to buckets, detergent, rags, sponges, water, and hoses. The City shall be responsible for performing all maintenance and repairs of the Car Wash as appropriate within its sole discretion. The cost of ordinary repairs, maintenance and supplies shall be the responsibility of the City. 3. LIABILITY AND INSURANCE. (a) County agrees to assume the risk of personal injury, including death and bodily injury to its employees and Inmate Trustees pursuant to the terms of its workers' compensation coverage, and damage to and destruction of its property, including loss of use therefrom arising out of its use of the Car Wash and the provision of the Inmate Trustees or by the conditions created thereby. (b) City agrees to assume the risk of personal injury, including death and bodily injury to its employees pursuant to the terms of its workers compensation coverage, and damage to and destruction of its property, including loss of use therefrom arising out of its use of the Car Wash and Inmate Trustee labor or by the conditions created thereby. (c) Nothing in this Agreement is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. § 24- 10 -101, et seq. (d) Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et seq., by City or County. (e) County and City hereby mutually waive any rights of subrogation one may have against the other or the other's insurance carrier for any claims, damages and /or losses arising from this Agreement, the use of the Car Wash or Inmate Trustee labor. 2 4. TERM. The term of this Agreement shall be for a period of three (3) years; provided, however, that same may be cancelled and terminated upon thirty (30) days advance written notice by either party to the other, in which case each party shall be released from all further liability and obligations. 5. ENTIRE AGREEMENT; AMENDMENTS. The provisions set forth in this Agreement constitute the entire and complete agreement of the parties hereto and supersede all prior written and oral agreements, understandings or representations related thereto. No amendment or modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding unless made in writing and executed by the duly authorized representatives of both the City and County. 6. SEVERABILITY. If one or more sections of this Agreement are found to be contrary to law or beyond the authority of the parties entering into the Agreement, all other sections shall remain intact and shall not be affected. 7. SIGNATURES. The persons signing this Agreement on behalf of each party represent and warrant that such persons and their respective party have the requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the City and the County have executed this Agreement as of the date first above written and under laws of the State of Colorado. ATTEST: // COUNTY OF PUEBLO B . `- B Clerk to the Board Chair, Board 0 ounty o i oners Date: ;) - \3 — \, 3 ATTEST: CITY OF PUEBLO A Municipal Corporation By: .;e_r� BY: iI /._ . /lI City rk Presi. ent of y Council Date: April 9, 2012 [SEAL] APPROVED AS TO FORM: By C,ytt, ounty Attorney By: d City Attorn U: AB \K \CM CITYCARWASH 03- 07- 12.DOCX 4