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HomeMy WebLinkAbout2019 Ordinance No. 032ORDINANCE NO. 32 SERIES 2019 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF THE ARAPAHOE COUNTY DRIVING TRACK FACILITY BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY WHEREAS, this Agreement sets forth the requirements for use of the County's Driving Track Facility, located at the Arapahoe County Fairgrounds and Park; WHEREAS, the Englewood Police Department conducts yearly training of its officers including vehicle and/or public safety training; WHEREAS, Arapahoe County owns the County's Driving Track Facility; WHEREAS, in order to use the Driving Track the City and Arapahoe 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 Driving Track 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 track 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 cost associated with the use of the Driving Track is $300.00 per day 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 Arapahoe County for the use of the Arapahoe County Driving Track Facility at the Arapahoe County Fairgrounds and Regional Park, 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 5th day of August, 2019. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of August, 2019. 1 Published as a Bill for a n Ordin ance o n the C ity's offi c ia l website beginnin g on the 7•h day of August, 20 19 for thirty (30) days. Read by Title and passed on final reading on the 19'" day of August.2019. Publis hed by Titl e in the City 's officia l ne wspaper as Ordinance No. 32 , Series of 2019, on the 22 nd day o f August, 20 19. Published by title on the Ci ty 's official websi te beginning on the 21 •• day of August.2019 for thirty (30) days. ATTEST: I. Stephanie Carlil e, City Clerk ofthe C ity of Englewood , Co lorado, hereby ce11ify that th e above and foregoing is a true copy of the Ordin ance passed on final reading and publi s hed by Title as Ordinance No. 32, Series of20 19. 2 INTERGOVERNMENTAL AGREEMENT USE OF ARAPAHOE COUNTY DRIVING TRACK FACILITY This Intergovernmental Agreement with an effective date of __ , 20_, is entered into by and between the Arapahoe County Sheriff, on behalf of Arapahoe County, Colorado, (hereinafter collectively the "County") and-----~ (hereinafter the "User Agency"). 1. Purpose The Parties desire to enter into this Agreement for the purpose of establishing terms and conditions whereby the User Agency shall be permitted to use the County's Driving Track Facility (the "Facility"), located at the Arapahoe County Fairgrounds and Regional Park at 25690 E. Quincy Ave., Aurora, CO, for training of personnel and related activities. 2. Use of the Facility Permissible uses of the Facility by the User Agency shall include driving training for recruit and in-service personnel, both sworn and civilian, and driving training for volunteers, and such other uses as deemed appropriate by mutual written agreement of the Parties. No person shall be allowed to use the Facility unless such person has signed a release and hold harmless agreement on a form acceptable to the County. 3. Authority The Parties are authorized to enter into this Agreement pursuant to Section 29-1-203, C.R.S. and Article XIV, Section 1812(2)(a) of the Colorado Constitution. 4. Duration, Renewal and Termination This Agreement shall continue in full force and effect for an initial term of one year from the date of execution of this Agreement and will automatically be deemed renewed unless written notice of intent not to renew is provided by the non-renewing Party to the other Party no less than 60 days prior to the date of expiration of the initial term. In addition to the non-renewal provisions as set forth herein, this Agreement may be terminated by either Party, with or without cause, upon 30 days notice to the other Party. Within 1 O days following termination or non-renewal of this Agreement, the User Agency shall to return any and all property of Arapahoe County and of the Arapahoe County Sheriffs Office unless otherwise agreed in writing by the Parties. 5. Use Fees and Other Charges The User Agency agrees to pay fees to the County for the use of the Facility pursuant to this Agreement in such amounts as may from time to time be established by the County and incorporated into a written schedule of use fees. The,User Agency also agrees to pay for any and all consumable product replacement, repair and/or replacement of Page 1 property and/or loaned equipment at the Facility that is or may be damaged, destroyed or rendered inoperable as a result of the User Agency's use of the Facility. Use fees and other charges as provided herein shall be due and payable within 30 days of receipt by the User Agency of the County's written invoice itemizing said fees and charges. 6. Equipment Requirements Prior to use of the Facility pursuant to this Agreement, the County shall provide to the User Agency a specific written list of supplies and equipment that will be necessary for the User Agency's personnel to have to properly use the Facility. The User Agency shall obtain all listed equipment and supplies at its own cost prior to its use of the Facility. 7. Supervision and Control All driving instructors and support personnel must be supplied by the User Agency. The User Agency will be required to have a POST certified driving instructor present while driver training is being conducted. The User Agency is required to provide a list of its POST Certified Driving Instructors along with copies of their certifications. The User Agency Driving instructor(s) will ensure the appropriate use of the Facility. The Arapahoe County Sheriff's Office reserves the right, in its sole discretion, to immediately terminate any use of the Facility if it is determined that such use has resulted or may result in damage to the Facility or if such use otherwise presents a threat to the safety of persons or property. 8. Employment Status and Compensation/Relation of the Parties Each of the Parties shall provide required workers' compensation insurance, salary, benefits and appropriate equipment for their respective employees. Except as otherwise provided by law the performance of this Agreement, both Parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint ventures, or associates of each other. The employees, agents, or subcontractors of one Party shall not be deemed or construed to be the employees, agents, or subcontractors of the other Party. 9. Compliance with Applicable Laws The Parties to this Agreement shall comply with all applicable provisions of Local, State and Federal laws and regulations. 10. Hold Harmless To the extent allowed by law, the User Agency shall hold harmless the County, its elected and appointed officials, boards, officers, agents, employees and insurers from and against any and all claims, damages, losses, expenses and demands, including court costs, attorney's fees and expenses, due to injuries, losses or damages arising out of, resulting from, or in any manner connected with the use of the Facility or other Page 2 County facilities, if any such injury, loss or damage is caused in whole or in part by the act, omission, error, mistake, negligence or other fault of an officer, agent, or employee of the User Agency, anyone directly or indirectly employed by the User Agency, or anyone for whose acts the User Agency may be liable; provided, however, that User Agency is not is not obligated to hold harmless the County hereunder for that portion of any claims, damages, losses, demands and expenses arising out of or resulting from any grossly negligent act or omission of the County or its elected or appointed officials, boards, officers, agents or employees. User Agency's obligation hereunder shall not be construed to negate, abridge, or otherwise reduce any other right or obligation to hold harmless which would otherwise exist as to any part or person described in this Section. With respect to any and all claims against the County or any of its elected or appointed officials, boards, officers, employees or agents by any employee of the User Agency or anyone directly or indirectly employed by the User Agency, or anyone for whose acts the User Agency may be liable, the obligation described above shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the User Agency under worker's compensation laws, disability benefits laws, or other employee benefit laws. 11. Insurance In addition to compliance with the provisions as set forth in Section 1 O of this Agreement, the User Agency shall obtain and maintain, at its own expense, general liability insurance, and automobile liability insurance coverage in an amount and in such forms as necessary to protect the County, its officials, employees and agents and the User Agency against any and all claims arising from the User Agency's use of the Facility pursuant to this Agreement including, but not limited to, claims arising from the acts, omissions or negligence of its officers, employees, contractors, invitees or agents against any and all claims arising from injuries or damages, however caused, sustained by any person or persons or to the property of any person or persons or other entities, including the County, occurring during such use. The minimum annual aggregate policy limit for insurance coverage obtained and maintained pursuant to this Section shall be $2,000,000. All policies shall name Arapahoe County and the Arapahoe County Sheriff's Office as additional insured. All policy forms shall be subject to review and approval of the County. Prior to the effective date of .this Agreement, the User Agency shall provide the County with certificates of insurance and such other documents as may be requested by the County in order to confirm the existence and adequacy of the insurance coverage specified herein. The User Agency shall notify the County no fewer than 10 days prior to cancellation or non-renewal of required coverage. The Parties understand and agree that the policy limits or other provision of insurance coverage obtained and maintained pursuant to this Section shall in no way limit the User Agency's obligations pursuant to this Agreement. 12. Entire Agreement This Agreement constitutes the entire understanding of the Parties with respect to the subject matter thereof. Any amendment or modification of this Agreement shall be Page 3 made only by a written instrument executed by authorized representatives of the Parties. 13. Severability The Parties agree that should any part of this Agreement be held to be invalid or void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon the Parties. 14. Governing Law, Venue Enforcement This agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court in Arapahoe County, Colorado. The Parties agree that the rule that ambiguities in a contract are to be construed against the drafting Party shall not apply to the interpretation of this Agreement. 15. Notices All notices, requests for payment, or other correspondence between the Parties regarding this Agreement shall be mailed or delivered to the respective Parties at the addresses set forth below or at such alternate addresses as may be specified in writing: County Arapahoe County Sheriff's Office 13101 East Broncos Parkway Centennial, Colorado 80112 16. Assignment User Agency Neither the County nor the User Agency shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without prior written consent of the other Party. 17. Governmental Immunity Nothing in this Agreement is interpreted to waive the monetary limitations or any other rights, immunities, or protections provided by the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., C.R.S., as amended from time to time ("CGIA") or otherwise available to the Parties for federal claims. If either the County or the User Agency waives the protection of the CGIA, or any protections available for defense of federal law claims, such waiver shall not without written consent extend to the protections afforded the other; to the extent that such waiver does result in a waiver of the protections afforded the non-waiving Party, the waiving Party shall, to the maximum extent allowed by law, indemnify and hold harmless the non-waiving Party. Page 4 8. Filing Following execution of this Agreement, the Parties shall comply with all applicable laws concerning filing of th is Agreement. Approvals County By:-------------- Its : -------------- Date: -------------- Page 5 User Agency Arapahoe County SherifPs Office Sh erifPs Driving Track Re lease and Hold Harmless Agreement I, __________________ , (name), the undersigned, on this __ day of ______ , 20_, in consideration of my being allowed access to and use of the Sheriff's Driving Track at the Arapahoe County Fairgrounds property, agree as fo ll ows: I agree to assume the risks inherent in and related to my use of or presence at the Arapahoe County Sheriffs Driving Track or the Arapahoe County Fairgrounds property, including, but not limited to , any driving or trainin g activ ities that I participate in at s uch Track , and agree to release Arapahoe County an d th e Arapahoe County Sheriffs Office, their principals, affiliates, sponsors, vo lunteers , agents, elec ted and appointed officials, boards, employees, successors and assigns from any and all liabi lity of every kind or nature which includes but is not limited to: I) any persona l injury or death to myself; 2) any damage to my persona l property or persona l affects ; and/or 3) a ny other loss or damage resulting from the acts or omission of any other person (which includes, but is not limited to, my self, all employees of the Arapahoe County Sheriff's Office an d its affi liates, including all officers employed by the Arapahoe County Sheriff, and persons with whom other employees of the Arapahoe County Sheriffs Office and its affi liates have contact). I intend this re lease of li abi lity to cover a ll situations, which may occur in relation to my use of, or presence at, the Sheriffs Driving Track. I agree to ho ld harmless -Arapahoe Cou n ty and the Arapahoe County Sheriffs Office, and their prin cipa ls, affil iates, spon sors, volunteers, agents, elec ted and appointed officia ls, boards , e mployees, successors and ass igns from any li ab ili ty in any cause of action in law or equ ity which may be asse1ted against any of them for any ac t or omission arising out of my use of th e Arapahoe County SJ1eriff s Dri ving Track, including, but not li mited to, any driving or training activities that I part icipate in at such Track. I agree to act as my own in surer against all hazards and acts of any negligent perso n, un derstandi ng that my personal in surance may not cover the activities in which I participate while using the Sheriffs Dri vin g Track and as contemp lated by this Agreement. _ I additionally intend to bind my spo use, heirs, legal represe nt atives, ass ign s, and anyone e lse who ma y file any clai m upon my behalf. This release sha ll be deemed to be-contractual , and not a me)"e recital. I agree that should a court of law invalidate any part of thi s relea se, that th e remaining parts of thi s release sha ll remain in full force and effect. I have read this re lease and I understand what th.is release means. I indicate my voluntary accepta nce of the terms of thi s release by s ign ing my name be low. Partic ipant 's Signature Date Entity Yo ur Ma iling Ad dress Date Your Phon e Number