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HomeMy WebLinkAboutResolution-1995-1463 RESOLUTION NO. 1463 Series of 1995 TITLE: RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT FOR A SHOOTING RANGE AND TRAINING FACILITY FOR LAW ENFORCEMENT PERSONNEL BETWEEN THE CITIES OF LAKEWOOD, ARVADA, WHEAT RIDGE, GOLDEN, COUNTY OF JEFFERSON, COLORADO DIVISION OF WILDLIFE, AND RED ROCKS COMMUNITY COLLEGE WHEREAS, the parties referenced in the title of this resolution wish to use certain real property (lithe Premises") and construct thereon a shooting range and training facility for police and other law enforcement personnel ("the Facility"), described more fully and set forth in the Intergovernmental Agreement attached hereto and made a part hereof; and WHEREAS, Lakewood and Jefferson County will provide the Premises for development of the Facility; and WHEREAS, it is necessary that the parties to this Agreement provide for the construction, maintenance, and repair of the Facility; and WHEREAS, the parties to the Agreement have determined that it is in the best interest of and will promote the health, safety, and welfare of each of the parties' citizens to execute this Agreement; and WHEREAS, Section 14.2 of the Home Rule Charter of the city of Wheat Ridge requires that all intergovernmental agreements entered into by the City be approved by resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. That certain Intergovernmental Agreement between the City of Wheat Ridge, Colorado, and the cities of Lakewood, Arvada, Golden, County of Jefferson, Colorado Division of Wildlife, and Red Rocks Community College, for a shooting range and training facility for law enforcement personnel, which is attached hereto, is hereby approved. 2. The Mayor and city Clerk are authorized to execute said Intergovernmental Agreement. DONE AND RESOLVED this 27th day of February , 1995. ~~ DAN WILDE, MAYOR ATTEST: 'i ...' ; : .iI' t >>1.,'- Wanda Sang, city Cler~ ,J r INTERGOVERNMENTAL AGREEMENT FOR A SHOOTING RANGE AND TRAINING FACILITY FOR LAW ENFORCEMEN~ PERSONNEL THIS INTERGOVERNMENTAL AGREEMENT, made by and between the CITY OF LAKEWOOD, the COUNTY OF JEFFERSON, the CITY OF ARVADA, the CITY OF WHEAT RIDGE, the CITY OF GOLDEN, the COLOR~DO DIVISION OF WILDLIFE, and RED ROCK COMMUNITY COLLEGE. WHEREAS, the parties to this Agreement wish to use certain real property ("the Premises") and construct thereon a shooting range and training facility for police and other law enforcement personnel ("the Facility"), and WHEREAS, Lakewood and Jefferson County will provide the Premises for development of the Facility, and WHEREAS, it is necessary that the parties to this Agreement provide for the construction, maintenance, and repalr of the Facl~ity, and WHEREAS, C.R.S. 29-1-203, as amended, enables the parties to enter into intergovernmental agreements for any lawful purpose, and cooperating in the construction, maintenance, and repair of the Facility is such a purpose, and WHEREAS, the parties to this Agreement have determined that it is in the best interest of and will promote the health, safety, and welfare of each of the parties' citizens to execute this ~~gree:nent. NOW, THEREFORE, in consideration of the mutual covenants made herein the parties agree as follows: 1, INITIAL CONTRIBUTIONS. On April 27, 1994, Lakewood and Jefferson County exchanged certain parcels of real property to allow for the exclusive use of the Premises for the Facility. As a result of this transaction, Lakewood will contribute the use of the land identified in Exhibit A ("the Premises") for operation of the Facility. 2. CONTRIBUTIONS TO CONSTRUCTION. Each party will contribute funds for construction, maintenance, and repair of the Facility based on a fraction of the total costs. The numerator of the fraction is the number of personnel of each party who will use the Facility each year, The denominator of the fraction is the total of all parties' personnel using the Facility each year. The design, construction, and maintenance cost of the Facility will be determined and approved by the Governing Board as defined below. KBH\G53A\65501 8 ], INITIAL APPROPRIATIONS. Each party agrees to provide funds for construction, maintenance, and repair of the Facility, the Capital Improvement Account, the contingency Accoun~, and for the first year of operation of the Facility by Dece~ber 1, 1994. Any excess funds remaining after construction is completed shall be deposited in the operating Account set out in Section 7 of this Agreement. If a party fails to appropriate the re~~ired funds, the Agreement shall terminate as to that party only, and the remaining parties shall have the option to either terminate the Agreement or reapportion the required contrlbution amount among the remaining parties to this Agreement, and continue the terms and obligations of this Agreement, 4. GOVERNING BOARD. a. A Governing Board of the Facility is hereby formed, and the membership of the Governing Board shall consist of five (5) member~_to be selected in the following manner: l. One member shall be the Jefferson County Sheriff. The Jefferson County Sheriff may appoint a representative to serve on the Governing Board in his or her place; ll. One member shall be the Lakewood Chief of Police. The Lakewood Chief of Police may appoint a representative to serve on the governing board in his or her place; iii. One member shall be selected jointly by the Jefferson County Sheriff and the Lakewood Chief of Police; and lV. Two members shall initially be chosen by an election of nominees who are nominated by all the parties to this Agreement, Each party shall have one vote. The two nominees who receive the most votes shall become members. v. Only one member from each party may sit on the Governing Board at the same time. vi, Each member of the Governing Board shall be formally appointed by the governing entity the member represents. b. The Jefferson County Sheriff and the Lakewood Chief of Police, or their designated representatives, shall be permanent members of the Governing Board. The terms of the remaining three members will be one year and shall be rotated among the parties in a manner to be established by the Governing Board so all parties have an equal opportunity to serve during the term of this Agreement. c. In the event any non-permanent member of the Governing Board is unable to serve out his or her term, the KBH\G53A\65501.8 2 Governing Board shall choose a member from the party the member represented to serve for the balance of the term. When a ~ember's term expires, the member may' continue to serve as a member of the Governing Board until a replacement is appointed to S2G'2 on the Governing Board. d, The powers and duties of the Governing Board of the Facility shall be: l, To review and approve the annual budget; ll. To approve individual expenditures of $3,000 or more; lll. To negotiate and enter into contracts for construction of the F~cility through the Purchasing Division of the Lakewood Department of Finance which will act as the contracting agent for the parties. iv, To establish and adopt policies and procedures for operation of the Facility, including safety rules for use of the Facility, purchasing policies, scheduling of the use of the Facility, and a fee schedule for use of the Facility by the Contractual Users (as defined in section 12), v. Establish a rotation schedule for non-permanent members of the Governing Board; Vl. To provide communications and public relations; vii, To supervise the operating Committee; Vlll. To prepare all reports required by this Agreement; lX. To develop a long-range plan for the Facility; x, To coordinate with the Lakewood Department of Community Resources to ensure the Facility is compatible with the Master Plan for the area. The Lakewood member of the Governing Board shall be the individual designated for such coordination activities. xi. To negotiate and enter into agreements with Contractual Users of the Facility; xii. To handle and resolve all complaints regarding the Facility; xiii. To evaluate the Facility from time to time to ensure the Facility meets the needs of its users; and KBH\G53A\65501 8 3 XlV. To decide all financial disputes. e. Actions taken by the Governing Board may be taken whenever there is a quorum. A quorum shall consist of four members who are present in person, by telephone, by facsimile machine, or by computer modem. In the event a party retires from this Agreement, the Governing Board will determine the number of members required to constitute a quorum. Actions taken by the Governing Board shall require an affirmative vote of a majority of the members present at the meeting, Meetings shall be held pursuant to written notice sent to each member at least ten (10) days prior to each meeting unless the members waive such notice in writing. f, The Governing Board members shall annually elect a Chairperson, Vice-Chairperson, and Secretary ln January of each year this Agreement remains in effect. g. The duties of the above officers shall be as follows: i. Chairperson - Presides over all meetings of the Governing Board, handles administrative details of the Board, and is the individual authorized to sign all Board documents. ii. Vice-Chairperson - Acts as Chairperson whenever the chairperson is unavailable. iii, Secretary - Keeps the records, official correspondence, gives and receives notices, and countersigns Board documents. 5, OPERATING COMMITTEE. a. The Facility shall be operated and maintained by an Operating COIT~ittee comprised of one representative from each party to this Agreement. b. The duties and responsibilities of the operating Committee shall be: i, To operate the Facility as required for approved scheduled users. The operating Committee shall annually appoint a Range Manager from its membership who will be responsible for day to day management of the Facility. ii. To prepare the annual budget for the Facility; iii, To approve all individual expenditures under $3,000; KBH\G53A\65501 8 4 iv. To enforce policies and procedures for the Facility; r-equlredi v, To provide such security at the Facility as may be Vl. but not limited Agr-eewe:lt. To provide maintenance at the Facility, including to the items set out in Section 7(b) of this vii. To coordinate all scheduled use of the Facility and to evaluate and make recommendations to the Governing Board regarding appropriate fees for Contractual Users. viii, To make recommendations to the Governing Board on lssues the Board must decide. lX. the F3.cili!:j'_ To resolve disputes regarding daily operations of c. Actions taken by the operating Committee may be ta}:en whenever there is a quorum. A quorum shall consist of five (5) ~embers who are present in person, by telephone, by facsimile machine, or by computer modem. In the event a party retires from this Agreement, the Governing Board will determine the number of members required to constitute a quorum. Actions taken by the Operating Committee shall require an affirmative vote of a majority of the members present at the meeting. Meetings shall be held pursuant to written notice sent to each member at least ten (10) days prior to each meeting unless the members waive such notice in writing. d. The Operating Committee members shall annually elect a Chairperson, Vice-Chairperson, and Secretary in January of each year this Agreement remains in effect, e. The duties of the above officers shall be as follows: i. Chairperson - Presides over all meetings of the Operating Committee, handles administrative details of the Committee, oversees the annual audit of the financial records, and is the individual authorized to sign all Committee documents, ll, Vice-Chairperson - Acts as Chairperson whenever the chairperson is unavailable. iii. Secretary - Keeps the records, official correspondence, gives and receives notices, and countersigns Committee documents, KBH\G53A\65501 8 5 L delegated to of Finance. All purchasing duties and responsibilities shall be the Purchasing Division of the Lakewood Department 6, BUDGET. a. The operating Committee shall submit the budget to the Governing Board of the Facility by April 30 of each year that this Agreement in is effect. The budget shall be reviewed and approved by the Governing Board'of the Facility by May 15. If and when the Governing Board approves the budget, it shall then be submitted to the governing body of each party to this Agreement for review and authorization of its required annual contribution for the new budget year. The budget year shall be January through December, b. The annual contribution amount of each party shall be determined by using the fractions set out in section 2 of this Agreement, The fractions shall be reviewed and updated annually to achieve-an equitable apportionment of such costs. The parties each agree to pay the funds for operation and maintenance of the Facility by January 31 of the year during which said funds are to be expended, In the event a party's governing body has not adopted a current operating budget by January 31, payment of the party's contribution may be deferred untll March 31. Each party shall inform the Governing Board of the Facility in writing by December 31 of the prior year, or when the party's budget is adopted, whether the party's annual contribution for the next year has been authorized. c. In the event any party fails to authorize or pay its annual contribution for the budget, this Agreement shall terminate as to that party only, subject to the right to cure the default as provided in Section 16, and the remaining parties shall have the option to either terminate this Agreement or reapportion the required annual contribution amount among the remaining parties to this Agreement and continue the terms and obligations of this Agreement. 7. OPERATING ACCOUNT. a. Revenue generated from the Facility by contractual users as defined in Section 12 of this Agreement, revenue generated from other users, and each party's annual contribution shall be deposited into the Operating Account. b, Operating, maintenance, and repair expenses of the Facility shall be paid from the Operating Account. Such expenses shall include, but are not limited to: i, Charges for heat, electricity, gas, water, sanitary system, and other similar utility expenses; KBH\G53A\65501 8 6 ll. Costs of routine cleaning, routine painting, and mlnor repalrs to any structure or improvement of the Premises; lll. other expenses authorized by the Governing Board, 8. CONTINGENCY ACCOUNT. A contingency Account shall be established for emergencies and unbudgeted or unanticipated costs, During the first year of operation, the amount of the contingency Account shall be $10,000. The initial contribution by each party to the contingency Account shall be in addition to the amounts set out in Sections 1 and 2 of this Agreement. Each party will contribute a portion of this amount determined by the fractions as set out in Section 2 of this Agreement. Thereafter, unexpended funds in the Operating Account at the end of the year shall be deposited into the contingency Account, 9. CAPITAL IMPROVEMENT ACCOUNT, A capital Improvement Account shall be established with an initial amount of $10,000, Each party_yill contribute a portion of this amount determined by the fractions set out in Section 2 of this Agreement. The initial contribution by each party to the capital Improvement Account shall be in addition to the amounts set out in sections 1 and 2 of this Agreement. Thereafter, ten percent (10%) of the annual budget of the preceding year shall be designated for the Capital Improvement Account. The uses to which said Account may be put include, but are not limited to replacement of equipment, expansion of the Facility, and other future capital improvements to the Facility, Once initial construction of the Facility, as determined by the Governing Board, is completed no new structures shall be added to the Premises and no capital expenditures for improvements in excess of $10,000 shall be authorized except upon prlor written agreement of all the parties to this Agreement by means of an Addendum to this Agreement. 10. ACCOUNTS AND ADMINISTRATION. The Lakewood Finance Department ("Account Administrator") shall administer all funds related to the Facility. The parties agree that the annual contributions of each party, and the funds generated by the operation of the Facility shall be deposited in an Operating Account, Contingency Account, and/or Capital Improvement Account as provided for herein, Each party's contribution shall be paid to the Account Administrator by January 31 of each year, except as provided in Section 6(b) herein. The Account Administrator shall make all disbursements from the Operating Account by check for invoices for services rendered or goods delivered in connection with the Facility and as properly approved by either the Governing Board or operating Committee. Neither the Governing Board nor the Operating Committee shall approve any claim or incur any obligation for expenditures unless there is KBH\GS3A\6SS01 S 7 sufficient unencumbered cash in the appropriate Account with which to pay the same, Should the parties terminate the Agreement, the balance in any accounts shall be returned to the non-defaulting parties to this Agreement based on the then current fractions described in Section 2 of this Agreement. 11, FINANCIAL RECORDS. The operating Committee shall maintain adequate and correct financial records of all funds, properties, and business transactions relating to the Facility. ~he financial records shall be open to inspection at any reasonable time by any party to this Agreement, its attorneys, or its agents, An annual audit of the Facility shall be conducted as a part of the Account Administrator's annual audit. A copy of the portion of the annual audit report related to the Facility shall be given to each party within thirty (30) days of its completion, 12. PRIMARY AND CONTRACTUAL USERS. a. Primary Users - The parties to this Agreement shall be the primary users of the Facility (the "primary Users") . Primary Users shall receive priority in scheduled use of the Facility. b. Preferred Contractual Users - Any original party to this Agreement that withdraws from this Agreement may become a Preferred Contractual User, provided it has no outstanding financial obligation under this Agreement. Only original parties that withdraw from this Agreement may become Preferred Contrac~ual Users. Each Preferred Contractual User shall enter lnto a separate agreement with the Governing Board regarding the terms and conditions for use of the Facility. Such use shall conform to the policies and procedures adopted by the Governing Board regarding use of the Facility. Scheduling of Preferred Contractual Users shall take priority over scheduling of Regular Contractual Users. c. Regular Contractual Users - Other governmental entities, or law enforcement training programs that are POST certified as set out in C.R.S. 24-33.3-301 et seq., may contract with the Governing Board to use the Facility for training their armed law enforcement personnel or for POST certification training programs. Each Contractual User shall enter into a separate agreement with the Governing Board regarding terms and conditions for use of the Facility, Such use shall conform to the policies and procedures adopted by the Governing Board regarding use of the Facility. KSH\G53A\65501,3 8 IJ. FINANCIAL OBLIGATIONS. The financial obligations of each party to this Agreement, as set forth herein, are contingent upon funds for that purpose being authorized, budgeted, and otherwise made available by the governing bodies of each party. In the event a party fails to provide the required funds for the Facility this Agreement shall terminate as to that party as described in Section 6 above, subject to the right to cure the default as provided in Section 16. 14. INDEMNIFICATION. The parties agree to be responsible for their own or their employees' or agents' negligent, grossly negligent or intentional tortious actions or omissions in connection with the Facility to the extent authorized by the Colorado Governmental Immunity Act, 99 24-10- 101, et ~., C.R.S, Each party agrees to the extent permitted by the Colorado Governmental Immunity Act, supra., to hold harmless and indemnify the other parties to this Agreement for any and aLl damages, costs, fines, forfeitures, penalties, judgments and other losses, including attorneys' fees, incurred or paid out as a result of personal injury, or property damage, to the extent such liability is caused by or arises out of any negligent, grossly negligent, or intentional tortious act or omission of that party, its employees, or agents. The duty of indemnification provided herein shall include the right of the indemnitor at its option to conduct the defense of the indemnitee. Nothing herein shall be construed as a waiver of the immunity granted by the Colorado Governmental Immunity Act, supra., or otherwise provided by law, The obligations of this indemnification provision shall remain binding upon a party after default or retirement from the Agreement. 15. TERMINATION, a, Any party may withdraw from this Agreement ("retirement") upon thirty (JO) days prior written notice of its intent to withdraw sent to the other parties to this Agreement. In the event of retirement by any party, no damages, liquidated or otherwise shall inure to the benefit of the other parties. A retiring party shall be responsible for its proportionate share of operation and maintenance costs, capital expenditures, and for any outstanding liabilities incurred on behalf of the parties to this Agreement assessed prior to the date of the termination. The retiring party shall not be entitled to a refund of any portion of its initial or subsequent annual contributions unless all remaining parties unanimously agree to such a refund. b. This Agreement may also terminate by mutual agreement of a majority of the parties hereto. Upon such termination, the powers granted to the Governing Board under this Agreement shall continue to the extent necessary to make an effective disposition of the monies required or held pursuant to KBH\G53A\65501 8 9 this Agreement. The real property, the buildings and capital improvements, located in Lakewood, Colorado, shall remain the property of City of Lakewood. Any casts incurred due to termination of this Agreement shall be borne by each party to the Agreement based on the fractions described in section 2 of this Agreement. In the event the Agreement is terminated, all agreements with the Preferred and Regular Contractual Users shall automatically terminate. 16. DEFAULT, Failure of a party to pay its annual contribution by January 31st of any year, except as provided in Section 6(b) herein, shall be deemed a breach of this Agreement and may result in termination of this Agreement as to that party. Failure to correct said breach within thirty (30) days shall prohibit the defaulting party and any of its personnel from using the Facility until such time as past due and current payments have been paid in full. A defaulting party shall forfeit any monies in the Facility's funds. Nothing herein shall prevent the Governlng Board from entering into an Agreement with a defaulting party to ailow it to become a Preferred Contractual User of the Facility provided the defaulting party pays all sums outstanding or owed, 17. GOVE~NING LAW AND VENUE. Unless otherwise agreed In writing, this Agreement and the interpretation thereof shall De governed by the laws of the State of Colorado, and venue shall be in the District Court of the County of Jefferson. 18. NOTICE. Notices to be provided under this Agreement shall be given in writing either by hand delivery, or deposited in the United States mail, certified mail, return receipt requested, with sufficient postage affixed thereto, to the following: City Manager city of Lakewood 445 South Allison Parkway Lakewood, Colorado 80226 City Manager city of Arvada 8101 Ralston Road Arvada, Colorado 80002 City Administrator City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 KBH\G53A\65501.8 10 City Manager City of Golden 911 lOth street Golden, Colorado 80401 Jefferson County Sheriff 200 Jefferson County Parkway Golden, Colorado 80401 Director Colorado Division of wildlife 6060 Broadway Denver, Colorado 80216 President Red Rocks Community College 13300 West 6th Avenue Lakewood, Colorado 80401 No change in the name and address for a parties' representatives shall be effective unless written notice of the change is sent to the other parties, 19. SEVERABILITY. If any provision of this Agreement, or the application thereof to any party or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application and to this end the provisions of the Agreement are declared to be severable. 20. TERM OF AGREEMENT. This agreement shall commence on the date it is fully executed by all parties hereto and shall automatically be renewed on an annual basis, unless notice of termination is given to each party by the terminating party by November 1. If a party elects to terminate its participation in this Agreement, the remaining parties shall have the option to either terminate this Agreement or reapportion the required annual contribution amount among the remaining parties and continue the terms and obligations of this Agreement. 21. SPECIAL PROVISIONS. special provisions which are required for contracts to which the State of Colorado is a party have been modified for this Agreement and are attached hereto as Exhibit B. 22. SIGNING IN COUNTERPART. This Agreement may be executed by hand in two or more counterparts, each of which when so executed shall be deemed to be an original, and all of which when taken together shall constitute one and the same instrument. KBH\G53A\65501.8 11 IN WITNESS WHEREOF, the parties have caused their respective names and seals to be affixed hereto, as of the day and year hereinabove set forth. DATE: ~ FrdJ 9S' CITY OF LAKEWOOD By: ~1..-~~L~ Mike Rock, ity Manager U 1, Ii !il2.-,,-- ~--L6'-rrLtU-- Karen Gol man, Clty Clerk ATTEST: APP~OVED AS TO FORM: KBH\G53A\65501 8 12 ",vt \-~;:2, //I~ '\ /' Date: ~ s - ~ =- - '\ ~. I CITY OF WHEAT RIDGE By: ~~ Dan Wilde, Mayor ATTEST: ~- , '\ / , ' /; L Wanda Sang, C t APPROVED AS TO FORM: t;;!'f:';iA,r~~ Cityttorney Intergovernmental Agreement for a Shooting Range and Training Facility in Jefferson County for Law Enforcement Personnel - 14 - Date:jj Get ,i1~ CV\A~S;~ CITY OF GOLDEN A"'T1"S'T'- ~ ~ ( , ~ ,/\ ~ ,:'~ (, .//~V"~I/~, ~~ Susan 3rooks, City Clerk APPROVED AS TO FORM: KSH\G53A\65501 8 15 Dac:e: /.3 q6 ATTEST: ;>.,J ~ ' , / ,,1:-'.-1 Deputy - ,-Y, . / /' ) I ^ / -;1 // i" ~<~ _ ,~/ ..--I. ;. L Clerk APPROVED AS TO FORM: ~CL~'~ A&~istant county Attorney / KBH\G53A\65501 3 JEFFERSON COUNTY, STATE OF,C DO 16 Date: ATTEST: APPROVED AS TO FORM: KBH\G53A\65501 8 RED ROCKS COMMUNITY COLLEGE By: 17 Date: fJ-- 1- 9L) / STATE Roy / ! By' n, Dire or of wildlife for Lochhead, Executive Director of the Department of Natural Resources and on behalf of the Colorado Wildlife Commission APPROVALS: ,~~~ O.Pe 0 Office of the Attorney General Lawrence A. DeClaire Senior Assistant Attorney General Natural Resources Section (Approval based on express written representation of client that this agreement does not obligate State to expenditure of funds; and that funds for execution of agreewent project will be by separate subsequent agree~ent(s) to be approved by State Controller,) KBH\GS3A\6SS01 8 18