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HomeMy WebLinkAbout1999 Ordinance No. 030• • • ORDINANCE NO . 3lJ SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO . 31 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN BUCKLEY AIR NATIONAL GUARD AND THE CITY OF ENGLEWOOD FOR USE OF BUCKLEY'S FACILITIES BY THE ENGLEWOOD DEPARTMENT OF SAFETY SERVICES. WHEREAS , the City of Englewood Safety Services Department requested the use of a designated area of Buckley Air National Guard Base to conduct accident avoidance driving cl a sses for City employees; and WHEREAS , the passage of this Ordinance authorizes approval of the use of Buckley Air National Guard Base by Englewood Safety Services; and WHEREAS , the Englewood Safety Services Department will furnish instructors and equipment for these accident avoidance driving classes for City employees; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The "Agreement for Use of Buckley Air National Guard Facilities by Englewood Department of Safety Services to Conduct Driver's Training", attached hereto as "Exhibit A ," is hereby accepted and approved by the Englewood City Council. Section 2. The Director of Safety Services is authorized to sign the "Agreement for Use of Buckley Air National Guard Facilities by Englewood Department of Safety Services to Conduct Driver's Training" for and on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 17th day of May , 1999 . Published as a Bill for an Ordinance on the 21st day of May, 1999. Read by title and passed on final reading on the 7th day of June, 1999 . Published by title as Ordinance No . 3a_, Series of 1999 , on the 11th day of June , 1999 . -1- 10 b i I, Loucrishia A. Ellis , 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. 3fl, S"ie~ J .t!; Loucrishia A. Ellis -2- • • • • • • Agreement for Use of Buddey Air National Guard Facilities by Eaglewood Department of Safety Semen to Conduct Driver' A Training Thia agreement is made by and betweci the City of .Englewood (City) and Buc.kJey Air National Guard Base (Base): Whereas: 1. The City desires use of facilities at the Base for conducting aa:idcnt avoidance drivers training to City employees~ and 2. The Base is ~ccable to allowing the City to use the facilities, provided such use does not interfere with Base operations, the City remaiDs liable for its uses, the a~ does not incur liability, and either party may terminate the agreement at will and without cause . Now Thenfon. the Parties agree as follows : 3 . The City may use such facilities for the purposes of conducting driver 's training on B~. as approved by the Instillation Commander and/or the Wing Commander and/or their design~. at such times, plao:s md in such manner as permitted by the Installation CoIIIIIlBildc:r and Wmg Commander . 4 . The (jty will conduct its operations only on the concrete portion east of mxiway "Mile." 5 . The City will notify Bil.5C Operations on any day in which it intends to conduct training, and obtain approval from Base Operations prior to commencing any driver traimng . Further the City will notify B~ Operations when the training is completed. 6. The City will perform a Foreign Object Debris (FOD) walk prior to departing the training area. and remove all "FOO'" items from the trainlng area. Base Operations will then notify Base Civil Engineering of the completion of the training and clearing of FOO items. so that the are:a c.an be swept clesn . 7. The City agret3 to accept all risks associ:ned with its presence on the Base, including liability to the Base and all third parties for all forms of damages arising from its uses. 8. The City waives liability, releases, dis.charges and covenants not to sue the Base, the State of Colorado, the Colorado Department of Military Affairs, Colorado National Guard. the U.S. ~Force and/or any of its members or employees arising from its preseccc on the Base. These restrictions against action apply to all damages, claims, actions, causes of action, costs, and expenses of any nature in law and/or equity , that may hen:aft.et" mise from this agreement or from the City's presence on the Base . E x H I B I T A 9. Either party may terminate this agreement at any time, without cause, upon two weeks written notice served upon the other party. · In Witness Whereof, the Parties have signed and dated this agreement below: For the City of Englewood: Chris Olson, Director of Sa.f ety Services For Buckley Air National Guard Base: By:~----~~~------ 2 Date :--------- . -' • • • • • • • • " -• COUNCIL COMMUNICATION Date Agenda Item Subject Buckley Air National Guard May 17, 1999 10 a i Intergovernmental Agreement Initiated By Staff Source Department of Safety Services Kieth Lockwood, Division Chief (Fire) COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff seeks Council approval of a bill for an ordinance authorizing an Intergovernmental Agreement between Buckley Air National Guard and the City of Englewood for use of Buckley's facilities to provide accident avoidance driver training for all City employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Members of the Fire Division have been trained as instructors in accident avoidance driving techniques. It was determined that"this type of training would be mutually beneficial for any City employee who drives City owned vehicles. The Fire Division, in collaboration with risk management personnel, agreed to facilitate this training for other City employees. A large unobstructed paved facility is required as this training involves "hands on " driving of the vehicles. The Buckley Air Base is one of the only sites available to do this type of training. An Intergovernmental Agreement is necessary to satisfy both parties' legal concerns. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for an Ordinance