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Home My WebLink About20190586.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF WILBER B. ROSS MEMORIAL POLICE TRAINING CENTER AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Use of the Wilber 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 upon full execution of signatures, and ending December 31, 2021 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 Use of the 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, 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 6th day of February, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: du„�` w , �Cid ; 1, EXCUSED l� t.C Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY: Deputy CI APPAS ttorney Steve Moreno Date of signature: 2-12-19 T 1 t.I�JP/100- - Mike Freeman, Pro-Tem CUSED P. Conwa cot . James CC : GR(6CA SO(s c) r Joy/2.O 2019-0586 SO0040 Commissioners, TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: December 17, 2018 SUBJECT: Updated IGA with City of Greeley — Firing Range The City of Greeley is requesting an updated Intergovernmental Agreement (IGA) with the County related to the use of the Firing Range at the airport. (draft attached). It is substantively similar to the current agreement, which was executed in 2009 (Tyler Doc #20083422), except for a change to the payment requirements. The current agreement allows the County to use the range up to 774 hours per year, for a lump sum of $20,000. The proposed agreement would allow the County to use it as much as it is scheduled, for $55.00 per hour. As with the existing agreement, the County can terminate for convenience on 60 days' notice and can cancel previously scheduled sessions at the range anytime. The Sheriff's Office recommends approval of this Agreement. Approve Staff Recommendation Work Session Requested Comments Steve Moreno Barbara Kirkmeyer \16 — Sean Conway Julie Cozad Mike Freeman Mr" 2019-0586 sovot THE CITY OF GREELEY, COLORADO RESOLUTION NO. 6 , 2019 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY POLICE DEPARTMENT AND THE WELD COUNTY SHERIFF'S OFFICE CONCERNING THE WILBER B. ROSS MEMORIAL POLICE TRAINING CENTER. WHEREAS, cooperation and mutual assistance between the City of Greeley Police Department and the Weld County Sheriff's Office increases the efficiency and effectiveness of both agencies and contributes to the safety of citizens in both jurisdictions; and WHEREAS, the two agencies have in the past had similar Intergovernmental Agreements in place; and; WHEREAS, City Council believes it is in the best interest of the public health, safety, and welfare of the citizens of the City of Greeley to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: Section 1. The City Council authorizes the Mayor, pursuant to Section 2.07.040(6) of the City of Greeley Municipal Code, to enter into an Intergovernmental Agreement attached hereto and incorporated herein as Exhibit A. Section 2. This resolution shall become effective immediately upon its passage and signature. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 5th DAY OF February 2019. ATTEST: THE CITY OF GREELEY BY INTERGOVERNMENTAL AGREEMENT FOR USE OF THE WILBER B. ROSS MEMORIAL POLICE TRAINING CENTER - HIS INTERGOVERNMENTAL AGREEMENT is made this &I.° day of �J , 20 / q , by and between the CITY OF GREELEY, COLORADO, a Colorado Home ule Municipality, by and through its City Council with offices located at 1000 10th Street, Greeley, Colorado 80631 (hereinafter referred to as "City") and COUNTY OF WELD, COLORADO, a Colorado Home rule County, by and through the Board of County Commissioners for Weld County, with offices located at 915 10th Street, Greeley, Colorado 80632 (hereinafter referred to as "County") for use of the Wilber B. Ross Memorial Police Firing Range (hereinafter referred to as "Firing Range"). WHEREAS, City currently leases land from the Greeley -Weld Airport Authority where City has built the Firing Range; WHEREAS, City owns and operates the Firing Range; WHEREAS, City and County have for many years shared the use of the Firing Range, and have shared the cost of operation of the Firing Range; WHEREAS, City has over time expended resources to upgrade and expand the Firing Range; WHEREAS, City and County entered into an Intergovernmental Agreement for use of the Firing Range on March 4, 2009; WHEREAS, City and County wish to continue sharing the use of the Firing Range; WHEREAS, City and County would like to now update the 2009 agreement; WHEREAS, this Agreement is authorized by Section 30-11-101(1)(d) C.R.S., the Weld County Home Rule Charter, Section 3-8 (4)(m) and the Greeley Municipal Charter Section 3-5. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the adequacy of which is acknowledge by and between the partie4s, the parties agrees as follows: 1. Effect of Prior Agreements. This agreement shall supersede the 2009 Intergovernmental Agreement regarding use of the Firing Range between the parties. 2. Effective Date and Term. The term of this Agreement shall begin upon the date of final execution by all the parties to this Agreement, and shall continue until December 31, 2021, after which time this Agreement shall automatically renew from year to year, unless terminated. sooner pursuant to the terms and conditions set forth in this Agreement. 020/r_ 0 0-8-P 3. Quarterly Payment by County. County agrees to pay to City for County's use of the Firing Range at the rate of $55.00 per hour. This amount will be paid in arrears by County, so that County will pay City on the first day of each quarter (January 1st, April 1st, July 1st, October 1st) for the Firing Range usage. This amount is intended to compensate City for costs such as depreciation, maintenance, equipment replacement, range administration, and improvements to the Firing Range. County will not be charged when their employees are at the range solely for the purpose of performing equipment maintenance or administrative tasks. 4. Accounting. The parties agree to use an online scheduling calendar or program. Such calendar or program will be used by County to track actual usage of the Firing Range on an hourly basis. County shall ensure the calendar accurately reflects the actual usage of the Firing Range and shall report the usage to the City. The City shall use the County's report to invoice the County for accounting purposes. If there is a disagreement between the numbers provided by the County and those tracked internally by the City the Sheriff and Chief of Police or their designees will meet to resolve the difference. 5. Scheduled County Uses. The parties agree that so long as the Quarterly Payment is timely paid, County shall be entitled to use the Firing Range when not being used by City or other previously scheduled users. The parties will meet during December to schedule the minimum uses by County for the upcoming year. If County should determine that it does not require previously scheduled use time, County will notify City of County's intent to cancel such scheduled time as soon as possible prior to the scheduled use date. 6. Third Party Use. a. No Third Party individual, group, association, or entity, shall be entitled to use the Firing Range unless said person, agency, or entity has been permitted by City to use the Firing Range after executing a "Contract User Agreement" with the City and paying the Contract User Fee to City. The Contract User Fee shall be established by City. b. Third parties using the Training Center for County purposes pursuant to this Agreement are not considered to be invitees of City. 7. Agreement Subject to Lease. The Parties specifically agree and understand that this Agreement is subject to terms and conditions of the lease agreement between the Greeley -Weld County Airport Authority ("Airport Lease Agreement") and City executed on December 17, 2004. All terms of this Agreement that are in contradiction to the airport lease agreement are hereby subordinated to the terms of the Airport Lease Agreement. Specifically, the Parties agree and understand to abide by the terms of paragraph 16 of the Airport Lease Agreement regarding Federal Aviation Administration lease requirements. 8. Termination. This Agreement may be unilaterally terminated by any party with or without cause by providing sixty (60) days' written notice to the other party. Additionally, County shall be entitled to remove any equipment titled to County and located at the Firing Range within sixty (60) days after the termination date. Any equipment remaining at the Firing Range more than sixty (60) days after the actual termination date shall become property of City. 9. City to Maintain Facility and City's Equipment. In exchange for payment by County for the hourly fee stated herein, or as revised by agreement of the Parties in subsequent years if this agreement is renewed, City assumes all costs for usual and ordinary future repairs, replacement, modifications, enhancements, and reconstruction of the facilities and/or equipment owned by City on the Firing Range premises. County shall not have use of the City's decisional shooting equipment. 10. County to Maintain County's Equipment. County agrees to be responsible for the ordinary future repairs, replacement modifications, and enhancements of the equipment owned by County and located on the Firing Range premises. 11. Each Party Responsible for its own Negligence. The Parties specifically agree that each Party shall be responsible for the costs to repair damage caused by their employees' or agents' negligent use of the Firing Range or any equipment located at the Firing Range, or both. City shall have approval rights over the range protocol in use by County. 12. Parties Relationship. The Parties to this Agreement intend that the relationship between them contemplated by this Agreement is that of independent entities working in mutual cooperation. Employees, staff, and agents of any one party hereto are not to be considered employees, staff or agents of any other party hereto for any purposes and said persons may not hold themselves out as employees or agents of any other party hereto or otherwise make any representation or commitment on behalf of any other party hereto. No party shall be in any way required to provide any pecuniary benefits, salaries, wages, or fringe benefits to employees, staff or agents of the other party. 13. Notices. Any noticed provided for in this Agreement shall be in writing and shall be served by personal delivery or certified mail, return receipt requested, postage prepaid at the addresses as follows: TO CITY: City of Greeley 1000 10th Street Greeley, Colorado 80631 Attn: City Manager Greeley Police Department 2875 10th Street Greeley, Colorado 80634 Attn: Chief Mark Jones TO COUNTY: Weld County, Colorado Board of County Commissioners P.O. Box 758 Greeley, Colorado 80632 Weld County Sheriff 1950 O Street Greeley, Colorado 80631 Attn: Sheriff Steve Reams Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt. This method of notification will be used in all instances, except for emergency situation, when immediate notification may be provided to the Greeley Police Chief or the Weld County Sheriff, whichever is applicable. 14. Responsibility for Legal Proceedings/Liability. County shall be responsible for defending itself and its officers, agents, and employees in any civil action brought against the County and its officers, agents, or employees by any person claiming injury or damages or both as a result of the performance of this Agreement. Likewise, City shall be responsible for defending itself and its officers, agents, and employees in any civil action brought against the City, its officers, agents, or employees by any person claiming injury and damages as a result of the performance of this Agreement. County and its officers, agents and employees shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of City, or any officers, agents, or employees thereof, arising out of the performance of this Agreement. Likewise, City and its officers, agents and employees shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of County or any officers, agents, or employees thereof, arising out of the performance of the terms of this Agreement. 15. Liability Insurance. a. Each Party shall maintain adequate liability insurance coverage or financial responsibility as assurance of its accountability for any losses, claims, liabilities, or expenses for which it may be responsible. This insurance requirement may be met through a party's self-insurance. b. Upon request, each party shall provide to the other party information regarding relevant insurance and/or financial responsibility pursuant to this Agreement. In the event that the insurance coverage for one party is canceled in whole or in party or is no longer available, the other party may elect to immediately terminate this Agreement in whole or in part by giving notice of such termination to the non -terminating party within three (3) days of termination. 16. Responsibility for Illness or Injury. County shall be responsible for employees or agents of the County attending or participating in any way in the use of the Firing Range and County acknowledges that City shall not be responsible for payment of any medical bills for any County employees' or agents' injuries or illness which may occur during, or as a result of, the use of the Firing Range. 17. Workers' Compensation. Each Party shall maintain workers' compensation insurance coverage, to the extent such coverage is required, for all employees or agents who may be present in any capacity during the Party's use of the Training Center. 18. Modification and Breach. This Agreement contains the entire Agreement and understanding between the Parties and hereby supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the Parties. No breach of any term, provision or clause of this Agreement shall be deemed waived or excused, unless such waiver of consent shall be in writing and signed by the party claimed to have so waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent, waiver of, or excuse for any other different or subsequent breach. 19. Assignment. No Party may assign this Agreement without prior written consent from the other Party. 20. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision, to the extent this Agreement is then capable of execution within the original intent of the Parties. 21. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Colorado. It is agreed by the Parties that any causes of action arising out of this Agreement shall be venued in the courts of Weld County, Colorado, to the extent that those courts are reposed with subject matter jurisdiction, or in Denver, Colorado, if the case must be held in federal court. All Parties agree to subject themselves to the personal jurisdiction of those courts. 22. Appropriations. Nothing in this Agreement shall be construed to require any party to provide funding for any purpose under this agreement that has not previously been budgeted. This Agreement is subject to adequate appropriation in any given fiscal year. Should adequate funds not be appropriated in any fiscal year to maintain payments under the terms and conditions of this Agreement, the parties agree that the contract shall immediately terminate. 23. No Third Party Enforcement. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of claim whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 24. Governmental Immunity. Nothing in this Agreement shall be construed as a waiver of immunity provided by common law or by state statute, including the Colorado Governmental Immunity Act, Section 24-10-101, et. seq., C.R.S.; and further shall not be deemed as an assumption of any duty with respect to any non-party to this Agreement. The Parties hereto expressly reserve all protections, immunities, rights, and defenses of the Colorado Governmental Immunity Act. 25. Counterpart and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall DocuSi n Envelope ID: 0DD4BB23-BECB-49B9-99E0-2759C67BFE16 constitute one and the same document. This Agreement may be executed and delivered by electronic signature by any of the parties and all parties consent to the use of electronic signatures. IN WITNESS WHEREOF, and year first written. CITY OF GREELEY, AP ` OVED AS TO SUBSTANCE: DocuSgn.d by: By: PI it. i t0 t93D100AE6484E8... APPROVED AS TO LEGAL FORM: .--Docu$lgn.d by: By: .,# `,.`" DourtgliWelty Attorney GREELEY POLICE DEPARTMENT By: BOARD OF COUNTY antIMISSIONERS FOR WELD COUNTY, COLORADO By: k,�. Mite ` Protium , Pro-'TemFEB 9 i 2019 70ttlIt.:178 OFFICE Steven Reams, Swig uted this Agreement the day Roy Otto, City Manager AVAILABILITY OF FUNDS DocuSigned b ruu c. Ulu.cl a By: EDirector of Finance doeovid Hello