HomeMy WebLinkAbout972714.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SHARING COSTS OF 1998
CONSTRUCTION AT WILBUR B. ROSS MEMORIAL POLICE TRAINING CENTER
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
Sharing Cost of 1998 Construction at Wilbur B. Ross Memorial Police Training Center between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Sheriff's Office, and the City of Greeley, commencing January 1,
1998, and ending December 31, 1998, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for Sharing Cost of 1998
Construction at Wilbur B. Ross Memorial Police Training Center between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Sheriffs Office, and City of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of December, A.D., 1997.
ATTEST:
Weld Count
BY
Deputy Clerkt t ' r
APP
ED AS ! FORM:
Dale K. Hall
ounty Att.rney
6rLz. qJ Se
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
eorge E. Baxter, Chair
arbara J. Kirkmeyer
W. H. Webster
972714
SO0015
INTERGOVERNMENTAL AGREEMENT FOR SHARING OF COSTS OF
1998 CONSTRUCTION AT WILBUR B. ROSS MEMORIAL POLICE TRAINING CENTER
THIS INTERGOVERNMENTAL AGREEMENT is made and entered this day of
December, 1997, by and between the CITY OF GREELEY, COLORADO, a home -rule municipality
of the State of Colorado, by and through its City Council, with offices located at 1000 10th Street,
Greeley, Colorado 80631, hereinafter referred to as "City," and the COUNTY OF WELD, a political
subdivision of the State of Colorado, by and through the Board of County Commissioners of the
County of Weld, with offices located at 915 10th Street, Greeley, Colorado 80631, hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, officers of City's Police Department and deputies of the Weld County Sheriff's
Office use a firearms firing range known as the "Wilbur B. Ross Memorial Police Training Center"
("the Training Center"), which is located at 3040 E. 8th Street, Greeley, Colorado , and
WHEREAS, City operates and maintains the Training Center for the use and benefit of both
law enforcement agencies, and
WHEREAS, certain improvements to the Training Center are scheduled to be accomplished
in 1998, with said improvements and the costs associated therewith listed in the attached Exhibit
"A," and
WHEREAS, both the City and the County have budgeted amounts to share said costs and
the parties now desire to enter into this Agreement for the purpose of expressing their understanding
and agreement with respect to the payment of said costs.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: This Intergovernmental Agreement shall extend from January 1, 1998, to and
until December 31, 1998.
2. CITY AGREES:
a. To contract for and oversee the construction of all of the improvements to
Training Center which are listed in Exhibit A. Said construction shall be
completed no later than December 31, 1998.
b. To bill County for one-half (''A) of the total cost of each improvement, up to
a maximum total cost of $30,000 for all such improvements. Said bills must
be submitted to County no later than sixty (60) days after completion of each
Page 1 of 3 Pages
972714
improvement.
c. To continue to operate and maintain Training Center for the use and benefit
of both City and County at City's sole expense. In the event that City should
cease operations at the Training Center or desire to exclude County from use
thereof, City shall refund to County the amortized sum of County's
contribution toward said construction costs as set forth in paragraph 3., below
(up to a maximum of $30,000). Said amortization shall be over a fifteen (15)
year period, starting January 1, 1998, in equal annual amounts.
3. COUNTY AGREES: To pay to City one-half ('/2) of the total cost of each
improvement completed, up to a maximum total cost of $30,000 for all such
improvements. Said payments shall be made no later than thirty (30) days after
billing.
4. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the
entire agreement and understanding between the parties hereto and supersedes any
other agreements concerning the subject matter of this transaction, whether oral or
written. Modifications, amendments, notations, renewals, or other alterations of or
to this Intergovernmental Agreement shall only be deemed valid or of any force or
effect whatsoever if mutually agreed upon in writing by the undersigned parties. No
breach of any term, provision, or clause of this Agreement shall be deemed waived
or excused, unless such waiver or consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent by any party hereto or waiver of,
a breach by any other party, either expressed or implied, shall not constitute a consent
to, waiver of or excess of any other different or subsequent breach.
5. SEVERABILITY: If any term or condition of this Intergovernmental Agreement
shall be held to be invalid, illegal, or unenforceable, this Intergovernmental
Agreement shall be construed and enforced without such provision, to the extent that
this Intergovernmental Agreement are then capable of execution within the original
intent of the parties.
6. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement
shall be deemed to constitute a waiver of any immunities the parties or their officers
or employees may possess , nor shall any portion of this Intergovernmental
Agreement be deemed to have created a duty of care which did not previously exist
with respect to any person not a party to this Intergovernmental Agreement .
7. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Intergovernmental Agreement, and all rights of action relating to
Page 2 of 3 Pages
972714
such enforcement, shall be strictly reserved to the undersigned parties and nothing
in this Intergovernmental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Intergovernmental Agreement.
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Intergovernmental
Agreement shall be an incidental beneficiary only.
WHEREFORE, parties have hereunto set their hands and seals the date and year first written
above.
CITY OF GREELEY, COLORADO, by and
ATTEST: through the GREELEY CITY COUNCIL
By: By:
Betsy Holder, City Clerk LaVern Nelson, Mayor
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
By: By:
Richard Brady, Greeley City Attorney Paul Branham, Chief
Greeley Police Department
APPROVED AS TO FINANCING: APPROVED AS TO SUBSTANCE:
By: By:
Deputy C e�rk to the Board
K:\CAROLAWORKINGTIRING BTB
Paul Grattet, Greeley City Manager
COUNTY OF WELD, by and through the Weld
BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD OF THE COUNTY
OF WELD
By: ,<4 i
€leorge . Baxter, Chairman (12/22/97)
Page 3 of 3 Pages
972714
Cash Flow Statement
Range Construction Project Cost Estimates Ending December 1998
Inflows:
Cash Receipts
Total inflows
Outflows:
2 Backstop Construction
Paving
Storage Building Construction
Retaining Wall Construction
3 Concrete flat work
Earth Moving Services
Total outflows
60,000.00
0.00
0.00
0.00
$ 60,000.00
6,170.00
5,000.00
30,000.00
12,250.00.
4,744.00
2,000.00
0.00
0.00
0.00
0.00
0.00
$ 60,164.00
Overall Total: $ (164.00)
Notes: Costs are estimates based on prices for work completed in 1997.
This statement assumes a matching contribution from GPD and WCSO.
1. This assumes acquisition of no cost salvage steel through military DMRO
2. Cost for salary for City Street Department employees. No materials costs reflected
3. Cost of salary for City Street Department employees. No materials costs reflected
EXHIBIT "A"
972714
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