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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2015 - ITEMS RELATING TO THE DESIGN OF THE POLICE REGIONAAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY November 17, 2015 City Council STAFF Jerry Schiager, Police Deputy Chief John Hutto, Police Chief SUBJECT Items Relating to the Design of the Police Regional Training Facility. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 138, 2015, Appropriating Prior Year Reserves in the General Fund of the Design of the Police Regional Training Facility. B. Resolution 2015-102 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the City of Loveland for the Purpose of Sharing the Cost Related to the Design Phase of the Police Regional Training Facility. Ordinance No. 138, 2015, unanimously adopted on First Reading on November 3, 2015, will appropriate funding for the design phase of the Police Regional Training Facility. The request is for $810,000 and authorization for funding for the Fort Collins portion of the design phase. Resolution 2015-102 will authorize the Mayor to execute an intergovernmental agreement between the City of Fort Collins and the City of Loveland for the purpose of sharing the cost related to the design phase of the Police Regional Training Facility. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading and adoption of the Resolution. BACKGROUND / DISCUSSION A memo is attached (Attachment 2) that provides answers to questions raised by Council at First Reading of Ordinance No. 138, 2015 on November 3, 2015. ATTACHMENTS 1. First Reading Agenda Item Summary, November 3, 2015 (w/o attachments) (PDF) 2. Staff memo re: Response to Council questions and comments on First Reading (PDF) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY November 3, 2015 City Council STAFF Cory Christensen, Police Deputy Chief John Hutto, Police Chief SUBJECT First Reading of Ordinance No. 138, 2015, Appropriating Prior Year Reserves in the General Fund for the Design of the Police Regional Training Facility. EXECUTIVE SUMMARY The purpose of this item is to seek adoption of the appropriation ordinance to fund the design phase of the Police Regional Training Facility. The request is for $810,000 and authorization for funding for the Fort Collins portion of the design phase. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City has experienced considerable growth over the past several years, which is expected to continue. Over the next 20 to 25 years it is expected that the population will grow by about 100,000 more citizens. This anticipated growth will need to be met by continued growth in the core services necessary to meet those citizens’ expectations. This means that Fort Collins Police Services will experience considerable growth in personnel in the next 20 to 25 years to meet those needs and expectations. The highest liability areas for providing police services is in the area of skills used by those officers. Three skill areas require regular, consistent and safe training so that officers respond in a controlled and professional manner. All of the skills areas require specialized facilities for the safe and effective training environment necessary to learn and maintain those skills. Those skill areas are weapons (both lethal and less than lethal), arrest control and defensive tactics, and driving. Fort Collins Police Services has been using the same facility for weapons training since 1990. At the time the facility was purchased there were 105 sworn officers; today that number is almost double at 203 sworn officers. That facility has been outgrown and is in need of repair to provide a safe training environment. An upgrade and repair of the facility will still not meet the current needs of Fort Collins Police Services and will cost tens of thousands of dollars. Due to the current inadequate facilities, Fort Collins Police Services has been traveling long distances in order to train on specific weapons in a safe manner. This leads to thousands of miles traveled, as well as valuable training time spent on travel alone. This has resulted in inefficient use of personnel time, wear and tear on police vehicles and extra cost to the organization. Currently officers are required to drive 40 miles, one way, multiple times per year to safely participate in specific weapons training. Fort Collins Police Services has never had a dedicated resource designed specifically to teach driving skills. Officers once practiced their driving skills at the vacant parking lot of the now demolished, dog racing track. When this resource was no longer available Fort Collins Police Services used the closed Fort Collins Municipal Airport runway. Although the resource was sub-par, driving training was possible at this location. That resource ATTACHMENT 1 Agenda Item 16 Item # 16 Page 2 is no longer available and the only alternative has been to travel 60 miles (one way) to Adams County to use a dedicated driving track. This facility is in very high demand and scheduling is problematic. It was not possible for Fort Collins Police Services to provide any driving training in 2014 due to the scheduling conflicts. Fort Collins Police Services must plan to meet these needs for now and into the future. Options include Fort Collins building or repairing its own venue for these training needs or entering into a partnership to combine resources to build a facility that will meet those needs. Due to the known deficiencies and inadequate training facilities, Fort Collins Police Services has been actively looking for opportunities to relieve this issue. The Loveland Police Department is also facing critical shortfalls in adequate training facilities for both driving and weapons training. Out of these needs a partnership was developed between the two police agencies to explore a joint training facility that would meet the current and future skills training needs of both agencies. The parties have negotiated an Intergovernmental Agreement for the sharing of costs of preliminary design, design development, construction drawings, and construction administration relating to the construction of a joint regional training facility. The Intergovernmental Agreement will be presented for Council approval along with Second Reading of this proposed appropriation ordinance. A comprehensive needs study was completed and conceptual design developed for a facility that provides adequate and safe training for both Fort Collins Police Services and Loveland Police Department. The estimated capital cost to construct this facility is $18.5 million and it is intended that the capital cost be shared equally between the two cities. Though other law enforcement agencies were approached to join the partnership, all have declined. There is some additional capacity to sell facility use time to other partners in the region. This would assist in partially offsetting the operation and maintenance cost of the facility. Letters of intent for using the facility have been signed by 11 additional regional agencies, representing 1,100 officers. The footprint of the training facility is based solely on the needs of Fort Collins Police Services and Loveland Police Department. The training facility takes into account the planned growth in both communities that will also require growth in officers who are in need of this skills training. A comprehensive, and conservative, business plan has been prepared to show the training space needs, capital and ongoing costs and possible offsetting revenue of this facility. The research and planning stages have been completed with a conceptual design for all aspects of the facility, a comprehensive business plan, letters of intent from 11 area agencies and location of the facility. On January 27, 2015, a work session with City Council was held outlining the business plan and future use of this facility. On February 12, 2015, a joint session of Fort Collins City Council and Loveland City Council was held to further discuss the plans and regional nature of the Regional training Facility. On October 6, 2015 Loveland City Council approved $1.075 million to begin work on construction design. CITY FINANCIAL IMPACTS If approved, $810,000 will be appropriated out of the General Fund Reserves to cover the design costs of the facility. Fort Collins’ additional share of the total capital cost would be $8.5 million and would be financed using municipal bonds. Depending on the loan term, the debt service will cost $622,000 to $967,000 per year. Outside user facility rental is expected to generate revenue of approximately $200,000/year; sustaining O&M is approximately $700,000 per year. Fort Collins and Loveland will split the facility cost based on percentage of officers and is expected to be approximately $340,000/year for Fort Collins. Agenda Item 16 Item # 16 Page 3 PUBLIC OUTREACH Considerable outreach has been accomplished over the last 24 months with stakeholders who would use the RTC for a rental fee. ATTACHMENTS 1. Letter from Larimer County re: participation in Range (PDF) 2. Poudre Fire Authority letter re: participation in Range (PDF) 3. Memo re: New Training Campus Informal Survey of Police Services employees (PDF) 4. Work Session Summary, January 27, 2015 (PDF) 5. Powerpoint presentation (PDF) ATTACHMENT 2 ORDINANCE NO. 138, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR THE DESIGN OF THE POLICE REGIONAL TRAINING FACILITY WHEREAS, the City has been experiencing and will continue to experience a considerable increase in its population, which means that Fort Collins Police Services will need to increase their personnel accordingly in the next 20 to 25 years to continue successfully serving the citizens of this community; and WHEREAS, with an increasing population, it is imperative that police officers regularly participate in weapons, arrest control/defensive tactics and driving training to learn and maintain high skill levels in the areas that have been identified as posing the greatest risk of liability; and WHEREAS, such training should take place in a safe and effective environment, which requires specialized training facilities; and WHEREAS, Fort Collins Police Services purchased a training facility in approximately 1990, and it is still currently being used by officers for some of their training purposes; and WHEREAS, since 1990, the number of sworn officers has almost doubled, and as a result, the training facility is inadequate; and WHEREAS, the training facility needs significant repair that is cost prohibitive, and the facility does not provide a safe environment for weapons or driving training, forcing officers to drive long distances to attend appropriate training; and WHEREAS, the Loveland Police Department is also facing critical shortfalls in adequate training facilities for both driving and weapons training; and WHEREAS, Fort Collins Police Services and the Loveland Police Department have joined together to investigate the feasibility of a joint training facility that would meet the current and future training needs of both agencies; and WHEREAS, over the past year, both agencies have been working together to developdeveloped an Intergovernmental Agreement for the sharing ofthat shares the costs of preliminary design, design development, construction drawings, and construction administration relating to the construction of a joint regional training facility that is being presented to Council for consideration and approval; and WHEREAS, Resolution 2015-102 is also being presented to Council in conjunction with Second Reading of this Ordinance to authorize the Mayor to sign the Intergovernmental Agreement; and WHEREAS, the Intergovernmental Agreement will be presented to Council for consideration and approval upon the second reading of this appropriation ordinance; and WHEREAS, a comprehensive study and conceptual design was completed to develop a proposed facility that would provide adequate and safe training for both Fort Collins Police Services and the Loveland Police Department; and WHEREAS, the estimated capital cost to construct such a facility is $18.5 million to be shared equally between Fort Collins and Loveland; and WHEREAS, on October 6, 2015, the Loveland City Council approved $1.075 million to begin work on construction design; and WHEREAS, staff is seeking Council’s approval of $810,000 to be appropriated out of the General Fund Reserves to cover the design costs of the facility; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of EIGHT HUNDRED TEN THOUSAND DOLLARS ($810,000) for the design cost for the Regional Training Facility. Introduced, considered favorably on first reading, and ordered published this 3rd day of November, A.D. 2015, and to be presented for final passage on the 17th day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 17th day of November, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk RESOLUTION 2015-102 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF LOVELAND FOR THE PURPOSE OF SHARING THE COST RELATED TO THE DESIGN PHASE OF THE POLICE REGIONAL TRAINING FACILITY WHEREAS, the City Council has on this date adopted Ordinance No. 138, 2015, appropriating prior year reserves in the General Fund for the design of a Police Regional Training Facility in cooperation with the City of Loveland; and WHEREAS, Fort Collins and Loveland staffs have negotiated an intergovernmental agreement by and between the City of Fort Collins and the City of Loveland to outline how the two cities will share the cost of the preliminary design, design development, construction drawings, and construction administration relating to the construction of the Police Regional Training Facility; and WHEREAS, City Code Section 1-22 requires, with certain exceptions, intergovernmental agreements to be submitted to the City Council for review and approval by ordinance or resolution; and WHEREAS, the City Council has determined that the Police Regional Training Facility is in the best interests of the City and that the Mayor should be authorized to execute an intergovernmental agreement in support thereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute an intergovernmental agreement between the City of Fort Collins and the City of Loveland for the purpose of sharing the cost related to the preliminary design, design development, construction drawings, and construction administration of the Police Regional Training Facility, in substantially the form attached hereto as Exhibit AA@, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purpose of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of November, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF LOVELAND AND FORT COLLINS, COLORADO FOR THE SHARING OF THE COST OF THE PRELIMINARY DESIGN, DESIGN DEVELOPMENT, CONSTRUCTION DRAWINGS, AND CONSTRUCTION ADMINISTRATION RELATING TO THE CONSTRUCTION OF A REGIONAL TRAINING CAMPUS THIS AGREEMENT is made and entered into this ____ day of ______________, 2015, between THE CITY OF LOVELAND, COLORADO, a municipal corporation, hereafter “Loveland,” and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereafter “Fort Collins,” and hereinafter collectively referred to as "Cities". W I T N E S S E T H: WHEREAS, the Cities are each home-rule municipalities that maintain police departments to provide law enforcement services to their respective citizens and employ police employees who participate in ongoing training regarding weapons and vehicle use in order to maintain and improve the skills necessary to perform police functions; and WHEREAS, currently each of the Cities’ police employees conduct weapons training and vehicle/driver training separately and combining such training at one facility will create cost efficiencies for both police departments; and WHEREAS, Loveland considers it a priority to plan, construct and operate a public safety training campus and improvements thereto that will better meet the needs of the Loveland Police Department and the northern Colorado community as a whole; and WHEREAS, Fort Collins agrees that a centralized public safety training campus for use by law enforcement agencies serving the northern Colorado community would benefit the citizens of Fort Collins and, therefore desires to partner with Loveland in the preliminary design, design development, construction drawings and construction administration of a public safety training campus; and WHEREAS, it is the Cities’ intent that the public safety training campus would serve as a regional training facility for several other governmental agencies in and around Colorado’s Northern Front Range, including Larimer County Sheriff, Weld County Sheriff, Greeley Police, Windsor Police, Colorado State University Police, and others; and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes, the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of the Cities if such contracts are approved by their governing bodies; and WHEREAS, it is the Cities’ intent that the regional public safety training campus will be owned, designed, constructed, operated, maintained, and managed jointly by the Cities, with other EXHIBIT A 2 agencies paying the Cities for their use of the facilities; and WHEREAS, the Cities have participated in extensive discussions and other activities focused on planning, developing, and establishing a regional training campus, including budgeting and appropriating approximately $1.620 million dollars by the Cities to complete Phase 1; and WHEREAS, the Cities seek by this Agreement to memorialize the terms on which they have agreed, in a collaborative manner, to engage in the design of a regional training campus, with the intent that their collaborative undertaking shall continue for many years to come and include the construction, operation and management of the campus. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. Mutual Undertaking. The parties agree that the construction and ownership of the regional training campus ("Training Campus") will be a mutual undertaking between the Cities, with construction, ownership, operation and management responsibilities and authority to be determined by the Cities at a future date. 2. Training Campus Phase 1 Funding. Each City acknowledges that funding for the preliminary design, design development, construction drawings and construction administration of the Training Campus will be necessary and each City agrees to fund Phase 1 of the Training Campus project as provided herein. A. Phase 1 of the Training Campus project shall include:  preliminary design,  design development,  construction drawings and construction administration. B. The Cities agree to equally share the cost of completing Phase 1 of the project. Any financial commitment made by the Cities to third parties in furtherance of this Agreement shall either be supported by existing appropriations or upon the future appropriation of necessary funds by the Cities. Financial contributions to fund Phase 1 of the Training Campus project shall be shared equally between the Cities and shall not exceed a combined cost of $1.62 million except upon completion of the construction drawings both parties must approve continuation of Phase 1 before start of any construction administration activities or associated costs. The not to exceed combined cost for Phase 1 includes $1.3 million, plus $320,000 for construction administration. C. Fort Collins will pay its share of the cost of Phase 1 into the designated Loveland account to be used by Loveland for the Phase 1 funding upon invoice from Loveland. Loveland shall provide finance and accounting administrative services for each budget year until the funds have been fully expended. D. Loveland may collect, hold, and disburse funds belonging to Fort Collins only as an 3 agent of Fort Collins, and subject to the general duties and responsibilities of an agency relationship. Accordingly, Loveland shall, with respect to such funds of Fort Collins, be under the control of Fort Collins Financial Officer and shall make monthly reports to such Financial Officer not later than ten (10) days after each month, which reports shall contain a detailed accounting of all such funds collected, held, invested and disbursed by Loveland for the period of time covered by such report. E. The financial obligations of the Cities under this Agreement are subject to the annual appropriation by each City Council of sufficient funds therefor, which appropriations shall be in the Cities’ sole discretion. F. Each party will appoint a Project Manager/Representative who shall be responsible for communicating decisions of his or her respective Party to the other Party regarding those matters calling for a joint decision in this Agreement. 3. Provision of Administrative Services. A, It is agreed that the Cities shall provide Administrative Services to Phase 1 of the Training Campus project and each City is responsible for its own costs in doing so. It is agreed that such services shall include but shall not be limited to, personnel, salary and benefits administration, legal services, accounting, budget preparation assistance, engineering, risk management, purchasing and other similar administrative services. All employees of each City who perform any services in relation to the Training Campus and this Agreement shall remain the employees solely of the City which employed them to perform such services and not of the other City. The employing City shall be solely responsible for all pay and benefits, including workers’ compensation coverage, for its employees. B. The parties agree that Loveland may enter into purchasing, consulting and other contracts pertaining to Phase 1 of the Training Campus project on behalf of both Cities as sole signatory except that both Cities must approve any lease or other agreement for possession and use of property for the Training Campus prior to execution of such lease or agreement. Prior to entering into any contract or contract change, Loveland will provide Fort Collins with reasonable opportunity to review and provide input and will obtain Fort Collins’ approval of the contract or contract change. Unless otherwise agreed to by the Parties, all contracts executed by Loveland pertaining to Phase 1 shall include Fort Collins as an additional insured under any insurance policies in amounts mutually agreed by the parties. Each City may participate equally in the vendor selection process in accordance with a competitive purchasing process mutually agreed by the parties. C. In Phase 1, pursuant to Article 3 of the AIA Agreement between Loveland and the Architect dated as of ________, 2015, the Architect is required to provide certain deliverables and notices to Loveland for approval. Such deliverables include but are not limited to Article 3, paragraphs 3.1.3 (schedule); 3.2.4 (Preliminary Design); 3.2.5/3.2.7 (Schematic 4 Design); 3.2.6 (Cost of the Work); 3.3.1/3.3.3 (Design Development Documents); 3.4.1 (Construction Documents), 3.4.5 (Construction Documents and Cost of Work). Loveland shall provide Fort Collins with reasonable opportunity, not to exceed 10 business days to review and provide input for all such deliverables. 4. Future Provisions for the Construction, Ownership, Operation, Maintenance and Management Phases of the Training Campus. It is the intent of the parties that due to the investment by each City into Phase 1 of the Training Campus project, upon completion of Phase 1 of the Training Campus project, the Cities shall enter into a separate intergovernmental agreement wherein each City’s rights, obligations, and responsibilities, including funding obligations, with regard to the construction, ownership, ongoing operation, maintenance and management phases of the Training Campus project will be specified. 5. Term, Modifications, Extensions. This Agreement shall remain in full force and effect through completion of Phase 1 of the Training Campus project which is anticipated to take approximately ten months through the construction drawings component, unless earlier terminated by mutual written agreement of the parities or as set forth below. This Agreement may be modified only by the written agreement of the parties except that it may be extended either by written agreement of the parties or automatically for a one year period by virtue of each City, in its respective annual budget, having appropriated funds to support Phase 1 of the Training Campus project for the ensuing budget year in accordance with the provisions of this Agreement. 6. Termination. A. If either party fails to perform its obligations under the terms of this Agreement, the non-defaulting party may provide the defaulting party with written notice of the nature and extent of the default. If the default remains uncorrected after thirty (30) days from the date the notice is received, then the non-defaulting party may elect to bring an action for specific performance, or to pursue any other remedies provided for in this Agreement or available at law or equity. B. If the parties fail to reach agreement upon any decision which must be reached by mutual agreement under this Agreement, either party may terminate this agreement upon not less than thirty (30) days written notice to the other party. Each party will equally share and be obligated to pay any financial costs related to Phase 1 that have incurred up to the date of termination. C. The Cities are committed to negotiating in good faith in attempting to reach the agreements that are called for in this Agreement. 7. Notices. Any notice, request, demand, consent, or approval, or other communication required or permitted hereunder, shall be in writing and shall be deemed to have been given when personally delivered, faxed, emailed, or deposited in the United States mail with proper postage and addressed as follows: 5 If to Loveland: Chief of Police City Manager Loveland Police Department with a copy to: Loveland City Attorney 810 E. 10 th Street City of Loveland Loveland, CO 80537 500 E. 3 rd Street Loveland, CO 80537 If to Fort Collins: Chief of Police City Manager Fort Collins Police Services with a copy to: Fort Collins City Attorney 2221 S. Timberline Road City of Fort Collins Fort Collins, Colorado 80525 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522 8. Relationship of Parties, Non-liability of Individuals, Benefit, No Assignment. The parties enter into this Agreement as separate, independent governmental entities and maintain such status throughout. No officer, agent or employee of either party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of his, her or their execution or attempted execution of the same. This Agreement is made for the sole and exclusive benefit of the Cities, their successors and assigns, and is not made for the benefit of any third party. The parties covenant and agree that they will not assign this Agreement, any interest or part thereof or any right or privilege pertinent thereto, without written consent of the other party first having been obtained. 9. Entire Agreement/Ambiguities. This Agreement embodies the entire agreement of the parties. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments or modifications of any of the terms or conditions of this Agreement shall be valid unless reduced to writing and executed by both parties. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 10. Applicable Law, Severability. The laws of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Any provision rendered null and void by operation of law shall not invalidate the remainder of this Agreement to the extent that this Agreement is capable of execution. 11. Counterpart Signatures. The parties agree that counterpart signatures of this Agreement shall be acceptable and that execution of the Agreement in the same form by each and every party shall be deemed to constitute full and final execution of the Agreement. 6 7 IN WITNESS HEREOF, this Intergovernmental Agreement has been executed that day and year first above written. THE CITY OF LOVELAND, COLORADO A Municipal Corporation ATTEST: By: __________________________ ______________________ Mayor Deputy City Clerk APPROVED AS TO FORM: ______________________ Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation ATTEST: ______________________ By: ______________________________ City Clerk Mayor APPROVED AS TO FORM: ___________________________ Fort Collins City Attorney