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HomeMy WebLinkAbout1982 Ordinance No. 011f 7{ BY AUTHORITY ORDINANCE NO. // SERIES OF 1982 COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT CFEATING A MULTI -JURISDICTIONAL FIRE ARMS SCHOOL . WHEREAS, it is necessary for the City of Englewood to train its police officers in firearms use; and WHEREAS, current facilities require extensive travel and considerable expenditure of overtime pay; and WHEREAS, other jurisdictions have a similar need and are desirous of joining with the City of Englewood in creation of a multi-juris dictional firearms school. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. An agreement between and among the Board of County Commis s ioners , Arapahoe County , Colorado , the Town of Bow Mar, Colorado , the City of Cherry Hills Village, Colorado , the Town of Columbine Valley, Colorado, the office of the District Attorney of the Eighteenth Judicial District , State of Colorado, the City of Englewood , the City of Littleton , and the City of Greenwood Village, Colorado, is hereby approved and adopted by the City of Englewood as if set forth in full herein. Section 2. That said agreement sets forth the acquisition of facilities, the construction of improvements, establishes operational requirements , and creates a Board to ensure the overall operation of the facility in accordance with the agreement between the parties. Section 3 . That the City Council of the City of Englewood authorizes the Mayor of the City of Englewood and ex officio Ctty Clerk-Treasurer to sign for and in behalf of the City and attest the same on behalf of the City of Englewood. Introduced , read in full , and passed on first reading on the 1st day of February, 1982 . Published as a Bill for an Ordinance on the 3rd day of February, 1982 . Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No . I/ , Series of 1982, on the 17th day of February, 1982. Attest: - WdftJ'f/( ~~er I, Gary R . Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. // , Series of 1982. -2- A G R E E M E N T THIS AGREEMENT between and among the Board of County Commiss ioners of Arapahoe County, Colorado; the Town of Bow Mar, Co lorado; the City of Cherry Hills Village, Colorado; the Town of Columbine Valley, Colorad o; The Office of the Distr i ct Attorney of the Eighteenth Judicial District, State of Co lor ado; the City of Englewood, Colorado; the City of Littleton, Colorado; and the City of Gre enwood Villaqe, Colorado, for the benef it of and includinq all of their respective law enforcement comoonents (hereinaf ter the 11 parties 11 ), WITNESSETH: WHEREAS, the parties hereto have agreed to establish and construct a multi-jurisdictional firear ms 4~-f'Ggf and WHEREAS, the parties hereto have agreed to so construct and operate the same on the terms and provisions hereinaf ter set forth; and WHEREAS, it is the intention of the parties that none shall be the customer of the others, but rather this facility shal l be constructed and operated with construction costs, costs of addition, and costs of onerational maintenance beinq divided among them in a fair and equitable manner as set forth hereinafter with greater specificity; and WHEREAS, this Agreement is made to further the pur~oses of the p ublic health, safety and welfare of the citizens of Arapahoe County, Cotorado, by providing training with local law enforcement •Agreement Page·2 officers under the stress conditions of "shoot/don't shoot" situations which must be faced on the community street. NOW, THEREFORE, it is mutually covenanted and agreed by, between and among the parties hereto as follows: I . FACILITIES A. The joint facilities shall be known as the "Multi-Jurisdictional Firearms School" Said property shall be under the control of the governing board for the project which shall be comprised of the top ranking law enforcement official, or his designee, of each of the parties . The use of the firearms range shall not be changed without the consent of all parties t o this Agreement . Should the facilities cease to function as a firearms training center for peace officers, the governing board shall thereafter be free to dispose of the personalty as they shall see fit. Agi:-eemen t Paa€ 3 II. CONS TRUCTION OF I MPROVEMENTS A. The partie s hereto s h all mutua ll y designate an arc hit ec t to desiqn a firearms training facility utilizing the assistance of the recom me nd ati on s of the gove rn inq boar d. Sa i d f ac ili ty to be constr u cted upon the above-describe d property with a budget for its de s i gn an d c onstruction of $1 17,057 . B. The pro-rata part icipati on of each of the par ties in the overa ll cost of the proje ct shall be ca l culated on a per commissio ned officer basis as fo ll o ws: Total cost l ess Federal funds divided by the total nu mb er of officers shall equa l the co st per off ic er. C. After the preparation of the final plans and speci - fications for said facility,·and after approval of the governing bo ard, the archi te ct shall submit said plans and specificat i ons to bid under procedures required for pub lic projects. D. The awar d of the bid to th e ge neral contractor shall be after the approval of a majo rity of all parties to this- Agreement; E. After the award of the bid to the general contractor, as provided in Paragraph. D above, it is agreed that any excess of costs for the design and construction of said faci1ities sha ll be pai d for on the pro-rata basis as defined in Para g raph B above. F. All the parties, u po n the execution of this Agreement, shall deposit their pro-rata share in a special account to be kn own as the II Mu 1 ti -j u r i s d i ct i on a l F i rearms ~~Account II a t the Office of the Budget Director for Arapahoe County. Said • I Agreement Paqe 4 account to be ma intained separate and distinct from all other fund s and accounts maintain e d by sa id County. Di sb ur s e ment s from said account shall be made in accordance with t h is Agreement by the signature of the bud 9 et director of the County of Arapahoe. G. If no contract is awarded pursuant to Paragraph D above within twelve (1 2) month s fro m th e date of t his Ag ree me n t, then the funds remaining in the account established under Paragraph II. F above will b e returned on a pro-rata basis to all the contributing agencies, after all proper e xp enses arising from this Agreement hav e been pa id, and this Ag ree ment shall then be terminated and of no further force or effect. H. No other construction other than is set forth above shall be allowed on the above-described property without the authorization of all the participatin g agencies. III. OPERATION OF FACILITY A. A permanent committee to be known as the governing board of the Multi -Jur isdictional Firearms Tr'D7"f~,'.:aeili~ (hereinaf ter "board''), shall be established. The board fir this project shall be comprised of the top ranking law enforcement official, or his designee, of each of the participating agencies. B. At its annual meeting, the board sha ll e l ect from its membership an executive committee to be comprised of a Chairman, Vice-Chairman and Secretary. The Chairman shal l officiate at all meetings of the board and shall act on behalf of the board when authorized to do so. In the absence of the Chairman, the Vice-Chairman shall act in his or her stea d. Agreement Page 5 C. Th e p urpose of th e board sha ll be to provide administrative direction for a ll operations of the joint training f a cility and attendant matters, both during the course of constr uction and after t he f ac ility is in ope ration . D. Decisions of the board s ha ll be made by a maj ority vote. In the eve nt that a major ity vote cannot be ar rived at on any matters within the scope of their authority, then, and in that event, an additional me mber of the board sha ll be appointed for the purpose of reachin g a determination of that issue . The additional member s hall be an individual whos e identity is agreed upon by the board, or in the absence o f s uch a gre ement, the additional membe r sha ll be appointed by the pr esiding judge of the 18th Judic ial District of the State of Colorado, and the additional member so appointed shall be one who is experienced in the field of police pro tectio n and firear ms training techniques. E. The board may adopt such rules of procedure that they deem advisable. F. The bo ard s hall e s tablish all necessary rules and regulations concerning the operation and use of said training facility. G. The board shall establish a re ntal schedule for use of the training facility by outside parties. A9reement Page 6 H. The board, on or before August 1st of each year, shall prepare a budget for the operation and maintenance of the training facility for the following year, which shall include provisions for insurance as necessary for the benefit of the parties in the operation of the facility. The board sha ll prepare and submit a budget to all the participating a9encies for approval on or before August 15th of each year. Upon approval of said budget by all the participating agencies, an amount totallinq the full amount of said budget shall be deposited in the account established under Paragraph II . F above on the pro-rata basis established under Paragraph II . B above, on or before January 15th of the following year. Payments from said account shall be ma de by the s i g nature of the Arapahoe County budget director and all payments sha ll be in accordance with the approved budget. I. Any supp l emental appropriations to the approved budget, or any amount required for the first year of operation of the training facility, shall be jointly approved and paid in accordance with Paragraph H above. J. Normal operation and maintenance costs shall include , those utility costs incidental to the operation of said facility, together with insurance as necessary to adequately cover said fa ci 1 i ty. K. An annual meeting of the Board shall be held on the third Thursday of January each year at a time and place designated by the Chairman of the Board, nrovided that 14 days notice shall Agreement Paoe 7 be provided to e ach member of the time and p lace so de s ignated. The annual meetin g shall be for the pur po s e of ele c tin g the e x ecutive com mittee as required herein a nd for s uc h o t her business as nece s sary. IV. USE OF FACILITIES A. The use of the training facility s hall be l i mited to the particip a ting agencies, and s hall, at th e p le a sure of the board, be available for other recognized bonafide p o lice d e pa rt- ments, law enforcement agencies, rescue and other em er g ency units. Rental of said facilities to other agencies shall be at a rate determined by the board and provided for in Paragraph III. G above. Those rentals received for use of said facilities shall be de po s ited in the account established under Para g raph II. F above and credited to the parties to this Agree ment on a pro-rata basis . B. Should the training facility be damaged or destroyed by use by any parties to this Agreement or other- renting agency and as a result of said use, shall be the responsibility of that agency to pay for any and all damages done to these facilities should said damage not be covered by any insurance. C. No party to this Agreement shall assign any rights hereunder without the consent of all the other parties. All of the terms and provisions hereof shall be binding upon an inure to the benefit of the parties hereto, for successors and assigns. • Ag,reement Pa g-e 8 V. TERMINATION This Agreement may only be terminated or a mended upon the joint approval of all the parties. Notwithstanding any provision of this Agreement to the contrary, no party may withdraw from this Agreement except on 180 days written notice to each of the other parties. Upon withdrawal, any and all interest of the withdrawin9 party in the facilities, equipment, or other assets of t h e committee or the range shall be deemed forfeited . VI. EXECU T ION It is agreed that this Agreement may be e x ecuted separately by each of the parties hereto by each s uch party signing a duplicate ori·gi n al cou n terpart of this Agreement, it be i ng the intention of the parties to avoid the necessity of contemporaneous execution of a sing l e original Agreement by all parties. EXECUTED this day of --- ATTEST: County Clerk APPROVED AS TO FORM: County Attorney --------, 1981. COUNTY OF ARAPAHOE By: -,-,---,-----=------,----=-----Ch airman, Arapahoe County Commissioners District Attorney, 18th Judicial District • A9 ree me nt Page 9 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: APPROVED AS TO FORM: City Attorney Sheriff, Ararahoe Co u n ty Director, Arapahoe Coun ty S~ecial Crime Attack Team CITY OF CHERRY HILLS VILLAGE By: -----------Mayor CITY OF ENG LEWOOD By:~~ Mayor Agreement Page 10 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CI TY OF GREENWOOD VILLAGE By: ---:--:--------------Mayo r CITY OF LITTLETON By: -=-----------Mayor . I • • Ag ·ree men t Page 1l ATTEST: Tovrn Clerk APP ROVED AS TO FORM: T o \•In A t t o r n e y ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney TOHN OF BOW '1AR By: ,-,-----------May or TOWN OF COLUMBINE VALLEY By: ~---------Mayor