HomeMy WebLinkAbout1999 Ordinance No. 030•
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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 .
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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
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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 .
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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:~----~~~------
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Date :---------
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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