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HomeMy WebLinkAbout2019 Ordinance No. 052BY AUTHORITY ORDINANCE NO.52 SERIES 2019 COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DOUGLAS COUNTY EMERGENCY VEHICLE OPERATIONS COURSE" BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY WHEREAS, this Agreement sets forth the requirements for use of the Emergency Vehicle Operations Course ("EVOC") managed by the Highlands Ranch Law Enforcement Training Foundation ("HRLETF"); WHEREAS, the Englewood Police Department conducts yearly training of its officers including vehicle and/or public safety training; WHEREAS, Douglas County owns the EVOC, which is managed by HRLETF; WHEREAS, in order to use the EVOC the City and Douglas County are required to enter into an intergovernmental agreement as authorized pursuant to Section 29-1-203 C.R.S. and Article XIV, Section 1812(2)(a) of the Colorado Constitution; WHEREAS, the use of the EVOC provides Englewood Police officers training in safe pursuit driving and pursuit termination, communication while driving, low speed technical driving skills, day and night driving; inclement weather skills, vehicle dynamics and limitations, law enforcement motorcycle certifications, crash investigation training; and the most recent approaches to traffic incident management; WHEREAS, the EVOC is an engineered moderate -speed roadway and skill building training site, which replicates the conditions, challenges, and obstacles encountered by emergency responders on typical community roadways; WHEREAS, the yearly cost associated with the use of the EVOC are set forth in Attachment 1 and will come from the Police Departments training budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1, The Intergovernmental Agreement with Douglas County for the use of the Emergency Vehicle Operations Course at the Highlands Ranch Law Enforcement Training Foundation, attached hereto as Attachment I, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is hereby authorized to sign said Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 4' day of November, 2019. Published by Title as a Bill for an Ordinance in the City's official newspaper on the Ts day of November, 2019. Published as a Bill for an Ordinance on the City's official website beginning on the 6°i day of November, 2019 for thirty (30) days. Read by Title and passed on final reading on the 181" day of November, 2019. Published by Title in the City's official newspaper as Ordinance No. 52, Series of 2019, on the 2 V day of Novembe, 2019. Published by title on the City's official website beginning on the 20°i day of November, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. L' da Olson, Mayor ATTEST: Ce aniCity Clerk 1. Stephanie Carlile. City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 52, Series of 2019. 2 Attachment I INTERGOVERNMENTAL TERMS OF USE FOR THE C:aDE3� 0 0 U 0 L A S C O U N T Y EMERGENCY VEHICLE OPERATIONS COURSE This Intergovernmental Agreement, executed on this ^ day of , 20_, is made and entered into by and between the (the "User"), and the COUNTY OF DOUGLAS, STATE OF COLORADO, for the use of certain improved property located at 8500 Moore Road in Douglas County, Colorado. WHEREAS, Douglas County desires to allow User access to and use of the premises described on Exhibit A (the "EVOC") attached hereto and incorporated herein; and WHEREAS, User desires to use the EVOC for their vehicle and/or public safety training purposes; and WHEREAS, User understands that the Highlands Ranch Law Enforcement Training Foundation, Inc. (the "HRLETF") manages the EVOC for Douglas County. NOW THEREFORE, the parties agree as follows: 1. TERMS AND CONDITIONS A. User agrees to ensure that any of its employees, agents, officials, invitees or other persons associated in any way with User, abide by all of the policies, rules, and directions of Douglas County or HRLETF staff as a condition of being aIIowed on the premises of the EVOC. Failure to abide by any of those polices, rules or directions may result in forfeiture of any rights or privileges under this Agreement and/or expulsion from the EVOC at the sole discretion of Douglas County or HRLETF. B. Release of Liability: User, its successors and assigns shall forever release, waive, discharge, and relinquish any claim of liability against Douglas County, the Douglas County Sheriff's Office (DCSO), and the HRLETF or any of their principals, affiliates, sponsors, volunteers, agents, officials, employees, successors, and assigns from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney's fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, in any way connected to, related to, or arising out of User's presence or participation in any activity at the EVOC, regardless of any negligence of Douglas County, the DCSO, and/or the HRLETF. C. Insurance: 1. User will ensure they have sufficient insurance to cover any and all hazards, damages, costs and liabilities associated with the use of the EVOC. The User shall provide Revised 05/03/18 evidence that such requirements have been met and shall provide updated information to Douglas County in the event any changes are made to the. User's insurance coverage prior to any use of the EVOC. 2. General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy will be applicable to all premises and operations. The policy will include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy will include coverage for explosion, collapse and underground hazards. The policy will contain a severability of interests provision. 3. Automobile Liability insurance with minimum combined single Iimits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence with respect to each of User's owned, hired and non -owned vehicles on the premises at the EVOC. The policy will contain a severability of interests provision. 4. The required General Liability and Automobile Liability policies will be endorsed to include Douglas County and the HRLETF as a Certificate Holders and name both entities, their officers and employees as additional insureds. Douglas County reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 5. User hereby grants to Douglas County and HRLETF a waiver of subrogation which any insurer may acquire against either entity, their officers, officials, employees, and volunteers, from User by virtue of the payment of any loss. User agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the Douglas County or HRLETF has received a waiver of subrogation endorsement from the insurer. This provision also applies to the User's Workers' Compensation policy. 6. If User maintains broader coverage and/or higher limits than the minimums shown above, Douglas County and HRLETF require and shall be entitled to the broader coverage and/or higher limits maintained by the User. Any available insurance proceeds in excess of the specified minimum Iimits of insurance and coverage shall be available to Douglas County and HRLETF. D. Fuel Provisions: I. A fuel tank may be accessible by the User in the vicinity of the EVOC with sufficient prior coordination. 2. The amount per gallon to be charged for the fuel will be determined upon the prior coordination for its availability and will be no more than the costs to Douglas County to provide the fuel. 3. Prior to receiving any fuel from Douglas County, the User will provide the Colorado state issued gasoline tax exemption certificate and hereby certifies that any such fuel will be used exclusively by the User for its governmental functions and activities pursuant to Colorado Revised Statutes 39-27-102. II. TERM OF AGREEMENT A. This Agreement shall commence as of the execution of this Agreement and will continue to be in effect any time the User makes any use of the EVOC unless otherwise terminated. Revised 05/03/18 B. Either party may terminate this Agreement by giving the other party not less than ninety (90) days prior written notice, such notice shall be sent to the party's address as listed on the signature page of this Agreement. 111. MISCELLANEOUS A. Liability. Each party shall be fully responsible for its own employee(s) consistent with all applicable laws. Each party agrees to provide the other party written notice within sixty (60) days of the knowledge of any claim or controversy associated with any activity related to this Agreement. B. Governmental Immunity. All activities performed under this Agreement are hereby declared to be governmental functions. The parties to this Agreement and their personnel complying with or reasonably attempting to comply with this Agreement or any ordinance, order, rule or regulation enacted or promulgated pursuant to the provisions of this Agreement shall be deemed to be operating within the scope of their duties and responsibilities and in furtherance of said governmental functions. C. No Waiver Under CGIA. Nothing in this Agreement shall be construed as a waiver by either party of the protections afforded them pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101 et seq., C.R.S. ("CGIA") as same may be amended from time to time. Specifically, neither party waives the monetary limitations or any other rights, immunities or protections afforded by the CGIA or otherwise available at law. D. Third Parties. This Agreement does not and shall not be deemed to confer upon any third party any right to claim damages, to sue, or bring other proceedings against either User or Douglas County because of any terms contained in this Agreement. E. Severability. In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. F. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. G. Modification. This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto. H. SurvivaI. The rights and obligations of the parties shall survive the term of this Agreement to the extent that any performance is required under this Agreement after the expiration or termination of this Agreement. I. Notices. Any notice to be given hereunder by either party to the other may be effected in writing by personal delivery, or by mail, certified with postage prepaid, or by overnight delivery service. Notices sent by mail or by an overnight delivery service shall be addressed to the parties at the addresses appearing following their signatures below, but either party may change its address by written notice in accordance with this paragraph. Revised 05/03/18 J. Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado without regard to the conflict of laws of such State. Venue for any action hereunder shall be in the District Court, County of Douglas, State of Colorado. The User expressly waives the right to bring any action in or to remove any action to any other jurisdiction, whether state or federal. K. Good Faith. The parties agree to work together in good faith in performing their obligations hereunder. IN WITNESS WHEREOF, the User caused this Intergovernmental Agency Agreement to be executed by its duly authorized representatives: Executed this day of ,20 BY: " (Insert Na a Positiort�of Signat y) Date: I% A] am Da Revised 05/03/18