IGA for GRPSTC partners
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GLENDALE REGIONAL PUBLIC SAFETY TRAINING CENTER
INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG
THE CITY OF GLENDALE, THE CITY OF PEORIA,
THE CITY OF SURPRISE, THE CITY OF AVONDALE, AND THE MARICOPA COUNTY
COMMUNITY COLLEGE DISTRICT
THIS GLENDALE REGIONAL PUBLIC SAFETY TRAINING CENTER INTERGOVERNMENTAL
AGREEMENT ("Agreement") is entered into as of the day and date set forth on the respective signature
pages between and among the City of Glendale ("Glendale"), the City of Peoria ("Peoria"), the City of
Surprise ("Surprise"), the City of Avondale ("Avondale") (individually a "Partnering Agency",
collectively "Partnering Agencies"), and the Maricopa County Community College District ("MCCCD").
IN CONSIDERATION of the covenants, promises, terms, and conditions set forth herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Partnering
Agencies agree as follows:
1. Purpose and Intent of Agreement
1.1. Glendale intends to continue to develop, own, and manage a regional public safety
training facility ("GRPSTC" or "Center") for use by federal, state, county, and municipal
public safety agencies, as well as an Emergency Operations Center ("EOC"). The
GRPSTC may also be used to train employees of private organizations that have a
demonstrated need for personnel to be trained in public safety and emergency response,
as may be provided in the Operations Manual. A map, site plan, and project narrative of
the GRPSTC, which includes the location for the EOC, is described in or shown in
Exhibit A attached hereto and made a part hereof by this Agreement (the "Facility
Property").
1.2. This Agreement provides for the operation and funding of the GRPSTC and supersedes
any and all agreements previously entered into for the operation of said facility. Glendale,
Peoria, Surprise, Avondale, and the MCCCD are considered public sector organizations
for purposes of this Agreement.
1.3. This Agreement shall not become effective or binding as to any Partnering Agencies or
MCCCD unless and until all Partnering Agencies and MCCCD duly approve and execute
this Agreement, and at such time as the last Partnering Agency or MCCCD, as the case
may be duly approved and executes this Agreement, it shall be effective and binding for a
term of five (5) years unless sooner terminated as set forth in Section 17 below.
1.4. Glendale is the sole owner of the GRPSTC. Nothing contained in this Agreement affects
Glendale's ownership of the GRPSTC.
1.5. Glendale shall act as the GRPSTC's overall day-to-day manager, subject to the guidance
of the Chiefs' Board and Executive Board.
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1.6. For purposes of this Agreement, the terms "public safety employee" or "public safety
staff" shall mean fire safety and law enforcement personnel, employees, or staff, as the
case may be for each Partnering Agency or non-partnering public safety, governmental or
private agency or entity utilizing the GRPSTC as provided in Section 10.1 below.
1.7. A.R.S. §11-952 permits governmental bodies to agree to allocate duties and benefits to
each other by agreement and provides that public agencies may contract to perform any
governmental service, activity, or undertaking.
1.8. Notwithstanding any term or provision outlined in this Agreement, Glendale shall have
sole ownership, management, and operational control of the EOC. All costs for planning,
development, construction, operation, management, and staffing of the EOC shall be
exclusive of the GRPSTC capital construction and O&M costs and shall be fully borne by
Glendale.
2.
Contributions by Partnering Agencies
2.1. Each Partnering Agency and MCCCD shall contribute toward annual operating,
maintenance, and repair costs ("O&M Costs") in proportionate shares outlined in Section
12 below. The purpose of a Partnering Agency's contribution is to ensure an assured level
of training slot availability for its public safety employees.
3.
Regional Public Safety Training Center Allocations
3.1. This Agreement intends to provide a facility for training and educational programs that
will be responsive to the needs of the Partnering Agencies. Priority shall be granted to
partnering agencies for academy and ongoing public safety training to reasonably ensure
that all such training needs are met.
3.2. At a minimum, Partnering Agencies and MCCCD are provided a Pro Rata Share of
academy slots and ongoing training time based on their total number of authorized full-
time sworn employees as identified in the first quarter of each fiscal year. This number
will be converted to a Pro Rata Share at the GRPSTC for that specific Partnering Agency.
MCCCD's Pro Rata Share for purposes of this Agreement shall be and remain 9%. The
City of Glendale’s pro-rata share shall never fall below 51% but can increase based on
the total number of authorized full-time sworn employees. If the City of Glendale’s pro-
rata share falls below 51% due to either a change to their total number of authorized full-
time sworn employees, or the impact of adding additional Partnering Agencies, the
difference between the City of Glendale’s calculated pro-rata share and 51% will be
added to the City of Glendale Fire Department with a commensurate and equal reduction
to each non-Glendale Specific Partnering Agencies Pro Rata Share to ensure the total
remains 100% for all Partnering Agencies and MCCCD-GCC. There will be no change to
the MCCCD-GCC’s Pro Rata Share of 9%.
The Partnering Agencies' total number of authorized full-time sworn employee count will
be converted to their Pro Rata Share based on the following:
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1. The sum of all Partnering Agency’s total number of authorized full-time sworn
employees to calculate “Total Current Users without GCC.”
2. The “Total Current Users without GCC” is multiplied by 9% and then added to
the “Total Current Users without GCC to calculate the “Total Current Users with
GCC.”
3. The “Specific Partnering Agency’s Total Users” divided by the “Total Current
Users with GCC” equals the “Specific Partnering Agency’s Pro Rata Share.”
Agency
Authorized Sworn Employees
Pro Rata Share
City of Glendale PD
444
31.8%
City of Glendale FD
267
19.2%
City of Surprise FD
200
14%
City of Peoria FD
205
14.4%
City of Avondale PD
165
11.5%
MCCCD - GCC
115
9 %
TOTAL
1396
100
MCCCD’s Pro Rata Share for purposes of this Agreement shall be 9% of the total
number of non-Partnering Agency academy training hours available at the GRPSTC
between 7:00 a.m. and 10:00 p.m., Monday through Sunday; provided, however, that
MCCCD is entitled to the minimum level of classroom and facility hours for training and
educating its non-Partnering Agency students as provided in Section 13.7.
Notwithstanding the foregoing minimum Pro Rata Shares and classroom hours, all
training and educational needs for the Partnering Agencies and classroom needs for
MCCCD-GCC will be met to the greatest possible extent. Meeting those needs will be
the primary purpose of, and determined and agreed upon by way of, the annual training
and facility use schedule as discussed below.
3.3. In the event the GRPSTC brings in a new Partnering Agency, that agency will be
required to pay a one-time “New Partnering Agency Capital Buy-In” based on the current
number of calculated GRPSTC Users, the calculated 5-year average of GRPSTC O&M
billing, and the number of new “Specific Partnering Agency’s Total Users.” The
following steps should be followed to calculate the “New Partnering Agency Capital
Buy-In.”
1. Identify the regressed “5-Year GRSPTC O&M Billing Average” billed to the
current Partnering Agencies and MCCCD-GCC.
2. Divide the “5-Year GRPSTC O&M Billing Average” by the “Total GRPSTC
Users Including GCC” to identify the “Per User GRPSTC Fee”. * DO NOT
INCLUDE THE NEW AGENCY’S USERS IN THIS STEP
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3. Multiply the new “Specific Partnering Agency’s Total Users” by the “Per User
GRSPTC Fee” to calculate the “New Partnering Agency Capital Buy-In”
amount.
Once the new Partnering Agency has submitted payment for their one-time “New
Partnering Agency Capital Buy-In,” refer to the steps and process identified in 3.2 to
calculate the new “Specific Partnering Agency’s Pro Rata Share”.
4. Glendale Regional Public Safety Training Center Governance
4.1. The overall goal in governing the GRPSTC shall be to establish operational,
management, and executive structures that will provide the opportunity for Partnering
Agencies to actively participate in the ongoing administration and management
throughout the term of this Agreement.
4.2. The GRPSTC Executive Board, Chiefs' Board, and Operations Committee are established
by this Agreement. The duties and responsibilities of the Executive Board, Chiefs' Board,
and the Operations Committee are set forth in Sections 5, 6, and 7, respectively.
4.3. The governance objectives of this Agreement include:
4.3.1.
Provide a structure that enables administrative and fiscal review of the
operation and maintenance of the GRPSTC by the Partnering Agencies and
MCCCD.
4.3.2.
Establish an organization that facilitates decision-making.
4.3.3.
Develop an organization that will remain flexible and meet the needs of
the Partnering Agencies and MCCCD over the term of the Agreement.
4.4. The purpose of the boards and committees established by this Agreement is to
decentralize the decision-making process so that authority is delegated to the appropriate
decision-making body for each such decision. Each board or committee has two general
responsibilities in the decision making process - either to "review and approve" an issue
or item, in which case the decision-making authority rests with that board or committee,
or to "review and recommend" an issue or item, in which case the recommendation and
reasons, therefore, are passed on to the next higher board. The next higher board may
adopt the recommendation, adopt the recommendation with modifications, or reject the
recommendation, except as provided in Section 5.3 below. In the latter instance where a
higher board rejects the recommendation of the next lower board or committee, it shall
pass the issue back to the next lower board or committee with a written statement
explaining the reason or reasons why the higher board rejected the next lower body's
recommendation. The lower body shall then conduct further review and study of the issue
or item and pass it up to the higher board with its recommendation and reasons.
5. Executive Board
5.1. The Executive Board consists of the Glendale City Manager, Peoria City Manager,
Surprise City Manager, Avondale City Manager, and the Chancellor of MCCCD.
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5.1.1.
The Chief’s Board Chairman and the Center Director will attend
Executive Board meetings as non-voting members. The Executive Board will
meet as necessary but not less than semi-annually. Meetings will be scheduled on
not less than sixty (60) days written notice to each Partnering Agency and
MCCCD, except upon consent of all of the members of the Executive Board.
5.1.2.
Executive Board members may appoint alternates who may attend
Executive Board meetings but who shall not have a vote except in the absence of
the respective Board member. In the case of an absence of an Executive Board
member, an appointed alternate shall have a voting right on behalf of the
Partnering Agency or MCCCD, as the case may be. An Executive Board member
may not designate another Executive Board member to be their proxy for voting
purposes.
5.1.3.
The Glendale City Manager shall serve as chairman of the Executive
Board and shall preside at and conduct all meetings of the Executive Board.
Glendale will provide a secretary to take minutes. As soon as possible after each
meeting, a copy of the minutes shall be provided to each of the members.
5.2. Role, Duties, and Responsibilities of the Executive Board:
5.2.1.
Review and approve the three-phase Capital Improvement Plan.
5.2.2.
Review and approve the annual GRPSTC operating and maintenance
budget for the period July 1st through June 30th on or before January 1st for the
following fiscal year.
5.2.3.
Review and approve the GRPSTC Operations Manual which governs the
GRPSTC planning and operating functions, including policies and procedures,
training standards, recommendations, grievances, and arbitration, and any
amendments thereto.
5.2.4.
Authorize the disposition or settlement of any legal action, claim or
lawsuit involving the GRPSTC or Partnering Agencies and/or MCCCD arising
out of or in connection with operations of the GRPSTC.
5.2.5.
All other duties and responsibilities as provided for in this Agreement, as
may be amended from time to time.
5.3. Before any action or decision of the Executive Board is taken or made, the members
present shall have the opportunity to discuss their respective agency's positions or
opinions on matters before the Executive Board. Actions shall be determined by a
unanimous vote of members present at a meeting; provided, however, where a vote of the
members present does not result in a unanimous decision, Glendale shall have final
decision-making authority to approve or reject, without modification, the Capital
Improvement Plan, the Center O&M budget, and the GRPSTC Operations Manual as
recommended by the Chiefs' Board. In the event of a decision to reject either the Capital
Improvement Plan, the Center O&M Budget or the GRPSTC Operations Manual, the
process set forth in Section 4.4 shall be followed. Glendale shall also have final decision-
making authority on the disposition or settlement of legal actions, claims or lawsuits
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arising out of or in connection with the operations of GRPSTC subject to the provisions
of Section 15 below.
6. Chiefs’ Board
6.1. The Chiefs’ Board consists of the following:
Glendale Police Chief
Glendale Fire Chief
Avondale Police Chief
Peoria Fire Chief
Surprise Fire Chief
MCCCD Police Program Chair
MCCCD Fire Program Chair
6.1.1.
In the event of removal, resignation, or death of a member, the
appointing governing body shall promptly appoint a successor to fill the position.
The Partnering Agency and MCCCD shall inform the chair of the Chiefs' Board
of the name of the member to be replaced and the successor for their respective
agency.
6.1.2.
The Center Director will attend meetings of the Chiefs' Board but shall
not have a vote.
6.2. Role, Duties, and Responsibilities of the Chiefs' Board:
6.2.1.
At the first meeting, and thereafter at its first meeting at the beginning of
each fiscal year (July 1st through June 30th), the Chiefs' Board shall elect a
chairman and vice-chairman. Neither MCCCD representative may serve in this
capacity. The chair shall preside at and conduct all meetings of the Chiefs' Board.
The Chiefs' Board Chairman shall serve as the primary point of contact for the
Center Director. In the absence or inability of the chair to act, the vice chair
shall act as the chair. Glendale will provide a secretary to maintain meeting
minutes and notify board members of meetings and agendas. As soon as possible
after each meeting, a copy of the minutes shall be provided to each of the Chiefs'
Board members and the members of the Executive Board.
6.2.2.
To meet as necessary but not less than quarterly to carry out the
following duties and responsibilities:
6.2.2.1.
Review and approve policies and procedures as proposed by the
Operations Committee.
6.2.2.2.
Review and recommend approval to the Executive Board of the
annual operating and maintenance budget for the GRPSTC as prepared
by the Center Director and Operations Committee.
6.2.2.3.
Annually review and recommend approval to the Executive
Board of the Capital Improvement/Facilities Maintenance Plan for the
GRPSTC.
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6.2.2.4.
Annually review and recommend approval to the Executive
Board of the GRPSTC Operations Manual as prepared by the Center
Director and Operations Committee.
6.2.2.5.
All other duties and responsibilities as directed on an ad hoc
basis by the Executive Committee or provided for in this Agreement as it
may be amended from time to time.
6.3. The four (4) quarterly meetings of the Chiefs' Board will be scheduled annually each
December for the following calendar year. Any meetings in addition to the four quarterly
meetings will be scheduled on not less than thirty (30) days written notice to each
Partnering Agency and MCCCD, except (i) upon the consent of all of the members of the
Chiefs' Board, or (ii) in the event of an emergency at which point all Chiefs' Board
members will be notified, and all reasonable efforts will be made to accommodate
member schedules. At least four (4) voting members of the Chiefs' Board, or their
respective alternates, must be present to constitute a quorum for the transaction of
business, except that a lesser number may adjourn for lack of a quorum. Actions shall be
determined by a majority of members present at a meeting when a quorum exists.
6.4. Members of the Chiefs' Board shall vote on all items by one vote per Chiefs' Board
representative.
6.5. Chiefs’ Board Members may appoint an alternate. An alternate Chiefs' Board member
shall only have a voting right in the absence of the regular member.
6.6. A Chiefs’ Board member may not designate another Chiefs' Board member as their proxy
for voting purposes.
7. Operations Committee
7.1. The Operations Committee shall consist of one representative from:
Glendale Police Department
Glendale Fire Department
Avondale Police Department
Peoria Fire Department
Surprise Fire Department
MCCCD Fire Program
MCCCD Police Program
7.2. Each member of the Operations Committee shall serve at the pleasure of the appointing
authority of the Partnering Agencies or MCCCD, as the case may be, which may replace
the members as it wishes. In the event of removal, resignation, or death of a member, the
appointing governing body shall promptly appoint a successor to fill the position. Each
participating Partnering Agency and MCCCD shall inform the Operations Committee
chair of the members names for their respective Partnering Agency or MCCCD-GCC as
the case may be.
7.3. The Center Director shall serve as the chair of the Operations Committee. The chair shall
preside at and conduct all meetings of the Operations Committee. The Committee will
elect a vice-chairman. In the absence or inability of the chair to act, the vice chair shall
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act as the chair. Glendale will provide a secretary to maintain meeting minutes and notify
committee members of meetings and agendas. As soon as possible after each meeting, a
copy of the minutes shall be provided to each of the Operations Committee members and
the chairs of the Executive and Chiefs' Boards.
7.4. The majority of the Operations Committee constitutes a quorum for the transaction of
business, except that a lesser number may adjourn for lack of a quorum. Actions shall be
determined by a majority of members present at a meeting when a quorum exists.
7.5. Members of the GRPSTC Operations Committee shall vote on all items based on one
vote per Committee member. The Center Director as chair shall not have a vote except in
the case of a tie. If the vice chairman acts as chair in the absence of the Center Director,
he shall have a vote in all matters.
7.6. Alternate members to the Operations Committee may be appointed by the Chiefs of the
respective Partnering Agencies or MCCCD as the case may be. An alternate Operations
Committee member shall only have a voting right in the absence of the regular member.
7.7. An Operation’s Committee member may not designate another Operations Committee
member to be their proxy for voting purposes.
7.8. Role, Duties, and Responsibilities of the Operations Committee:
7.8.1.
To meet quarterly, the Committee may have as many meetings needed to
conduct any pressing business if they are requested by a majority of the
members. The date and hour of any regular meeting shall be scheduled on an
annual basis by the Operations Committee Chair, making every effort to have a
quorum present.
7.8.2.
Develop and recommend approval of the GRPSTC Operations Manual.
7.8.3.
The Center Director will develop, and the Operations Committee will
review and recommend to the Chiefs' Board an estimated GRPSTC annual
operational and maintenance budget no later than November 15th and a final
O&M budget no later than December 1st for the following fiscal year (July 1st -
June 30th).
7.8.4.
All other duties and responsibilities, as directed by the Chiefs' Board on
an ad hoc basis or as provided for in this Agreement, may be amended as needed.
8. Attendance and Participation by Other Agencies
8.1. Local, state, and federal representatives of public safety or service agencies who are not
Partnering Agencies to this Agreement may attend GRPSTC Operations Committee
meetings but shall not have voting rights.
8.2. Local, state, and federal public safety or service agencies that are not Partnering Agencies
will not have scheduling priority as provided in Section 10.1 below and will pay a fee for
using the GRPSTC facilities. The parameters for renting the facility and the type of
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agencies that will be allowed to rent the facility shall be outlined in the GRPSTC
Operations Manual.
9. Center Director and Day-to-Day Management
9.1. As the day-to-day manager of the GRPSTC, Glendale shall have the responsibility to:
9.1.1.
Maintain the GRPSTC in good condition and in compliance with an
approved comprehensive maintenance and repair schedule. This shall include all
such maintenance, repair, and construction work but not limited to all structures,
utilities, walkways, HVAC systems, electrical systems, plumbing systems, and
all components of the interior and exterior of all structures, including painting.
Maintenance will be to the same standard as other Glendale facilities and
preventive maintenance will be to industry standards and manufacturers'
recommendations.
9.1.2.
Maintain all roads, parking areas (public, secure, and training staging and
operations), skid pad, perception reaction course, Emergency Vehicle Operator's
Course (EVOC), metro street area, and patios.
9.1.3.
Contract all custodial functions, including daily cleaning, trash removal,
periodic window and carpet cleaning, and other specialty cleaning as needed.
9.1.4.
Maintain all landscaping and irrigation systems.
9.1.5.
Maintain fire training props (exterior and interior).
9.1.6.
Contain, collect, and abate lead expended at the arms qualification
ranges.
9.1.7.
Develop facility management contracts with vendors.
9.1.8.
Make emergency repairs as required. Emergency repairs will be defined
as those repairs that are immediately necessary to protect buildings, facilities, and
grounds from further damage and to keep the Center functional.
9.1.9.
Establish and maintain accounts and records, including personnel,
property, financial, project management, and other records, as required by
Glendale and consistent with generally accepted accounting principles to ensure
proper accounting for all ongoing operations and maintenance costs.
9.1.10.
Provide notice to Partnering Agencies, MCCCD, and other interested
parties of scheduled maintenance or repair that could potentially disrupt
GRPSTC operations.
9.2. The GRPSTC Director (also referred to as "Center Director") shall be appointed by and
serve at the pleasure of the Glendale Fire Chief as provided herein and shall be in the
classified service of Glendale in the rank and grade not lower than that of a Glendale
Deputy Fire Chief. The Center Director's salary and benefits shall be paid out of the
Center O&M Budget.
9.2.1.
Appointment of the Center Director.
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9.2.1.1.
The Center Director shall be a sworn Glendale Deputy Fire Chief
or higher rank, or a non-sworn person qualified for the position.
9.2.1.2.
The members of the Chiefs' Board will participate in the
selection process of the Center Director and will recommend to the
Glendale Fire Chief. After receiving recommendations from the Chiefs'
Board members participating in the selection process, the Glendale Fire
Chief will select the Center Director.
9.2.2.
Evaluation of Center Director.
9.2.2.1.
Through the Chiefs' Board's annual review and approval of the
annual training plan and schedule for the GRPSTC, the Board will
establish priorities for the Center Director for the upcoming year related
to the GRPSTC. With input from the Executive Board and Operations
Committee, the Chiefs' Board may make recommendations to Glendale
regarding the Center Director's performance when Glendale is preparing
to conduct the Director's evaluation. Glendale agrees to consider the
Chiefs' Board's recommendations in conducting the Director's
performance evaluation. In addition, Glendale may use additional criteria
to evaluate the Director's performance for the year.
9.2.3.
Vacancy in Center Director’s Position
9.2.3.1.
If the Center Director's position becomes vacant while this
Agreement is in effect, Glendale agrees to provide an interim Center
Director and to recruit and select a new Director as outlined herein.
9.2.3.2.
If the newly appointed director is not a current member of the
Glendale Fire Department, the center budget will pay for all recruitment
and selection costs for the Center Director.
9.3. Glendale will provide staff to manage the day-to-day maintenance, operation, and repair
of the GRPSTC, which will be subject to review and advice from the Chiefs' Board and
Operations Committee. These employees will be employees of Glendale and will be
granted all the rights and benefits accruing to Glendale employees within their respective
classifications. All costs for recruitment, selection, salary, and benefits for the positions
shall be paid out of the Center Budget.
9.4. Glendale shall be responsible for engineering, operating, administering, maintaining, and
repairing the GRPSTC's data, telecommunications, and video technology and
infrastructure.
9.4.1.
The annual operating, maintenance, and repair costs incurred by
Glendale for engineering, operating, administering, maintaining, and repairing
the data, telecommunications, and video technology and infrastructure shall be
borne by the Partnering Agencies and MCCCD as described in Section 12 of this
Agreement. IT and Telecommunications representatives from all Partnering
Agencies and MCCCD will be advised regarding maintenance and upgrade of
equipment to support these backbones.
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9.4.2.
Each Partnering Agency and MCCCD shall be responsible for the costs
of repair of damage, beyond ordinary wear and tear, to the IT and
telecommunication technology and infrastructure of the GRPSTC caused by that
Partnering Agency or MCCCD as the case may be. The Center Director shall
determine the costs of repair and whether such repairs are beyond ordinary wear
and tear.
9.5. Glendale will acquire, hold, or dispose of property necessary to operate the GRPSTC. All
fixed facilities and "GRPSTC" equipment shall belong to Glendale. Partnering Agencies
and MCCCD will acquire, hold, maintain, or dispose of their respective property housed
at the GRPSTC.
10. Annual Training Schedule and Operations Manual
10.1.
The utilization and operation of the GRPSTC for Partnering Agency and
MCCCD academies, ongoing training, and educational usage shall be in the following
order of priority:
10.1.1.
First priority is given to Partnering Agencies and MCCCD to reasonably
ensure that all Partnering Agency training needs are met. At a minimum,
Partnering Agencies will be provided a Pro Rata Share of ongoing training time
based on their respective contributions, and MCCCD will be provided its
minimum classroom time as provided in Section 13.7 below. Even with the
minimum Pro Rata Shares and minimum classroom time, all training and
educational needs for the Partnering Agencies and classroom time for MCCCD
will be met to the extent possible.
10.1.2.
Second priority will be given to non-partnering public safety agencies
located in Maricopa County.
10.1.3.
Third priority is given to municipal, and county public safety agencies
located outside of Maricopa County.
10.1.4.
Fourth priority goes to other governmental agencies and personnel.
10.1.5.
Fifth priority goes to private entities that have a demonstrated need for
personnel to be trained in public safety and emergency response as provided for
in the Operations Manual.
10.2.
The Center Director and the Operations Committee will develop a GRPSTC
Operations Manual to be submitted to the Chiefs' Board and Executive Board for review
and approval every two years. The Operations Manual will include but is not limited to
the following:
10.2.1.
Scheduling procedures (including a classroom utilization plan for each
fiscal year).
10.2.2.
Policies, procedures, and practices for day-to-day (or otherwise
necessary and beneficial to the) operations of the GRPSTC.
10.2.3.
The staffing and organizational structure of the GRPSTC.
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10.2.4.
The core curriculum and training standards to be provided by MCCCD
for public safety and fire "academy" training as well as ongoing instruction, in-
service and professional development.
10.2.5.
Policies, procedures, practices, terms, and rental fees for use of the
GRPSTC by non-partnering agencies.
10.2.6.
Partnering Agency and MCCCD responsibilities when using the
GRPSTC.
10.2.7.
Policies and procedures for using the GRPSTC props.
10.2.8.
A process and standards to determine whether and which private entities
have a demonstrated need for personnel to be trained in public safety and
emergency response.
10.2.9.
Provisions dealing with national and state public safety regulatory and
certifying agencies to, among other things, allow access to GRPSTC documents,
information, meetings as reasonably necessary to fulfill their regulatory and/or
certification responsibilities and for the GRPSTC to comply with all applicable
regulatory requirements and achieve necessary certifications.
10.2.10. Provisions dealing with engineering, operations, administration,
maintenance and repair of data, telecommunications, and video technologies and
other electronic and communications infrastructure ("Technology
Infrastructure"), including but not limited to ongoing and annual engineering,
operations, administration, maintenance, and repair as well as upgrading of such
Technology Infrastructure.
10.2.11. GRPSTC purchasing and procurement procedures consistent with the
Glendale Charter and City Code.
10.2.12. General guidance for the Center Director necessary for the professional
operation and management of the GRPSTC.
10.2.13. Any other matters deemed necessary or beneficial by the Center Director
and Operations Committee.
10.3.
The Center Director and the Operations Committee will develop an annual
schedule for the GRPSTC for approval by the Chiefs' Board. This schedule shall include
all the received requests for facility usage from all the Partnering Agencies and MCCCD
and then be subsequently formulated by the Center Director and the Operations
Committee in a timely manner so that the Chiefs' Board may approve the plan on or
before June 30th for the following fiscal year. The schedule of all received requests must
be developed by June 1st for the following calendar year. Any subsequent requests will
be handled on a first-come, first-serve basis. Even with the minimum Pro Rata Shares and
minimum classroom time, all training and educational needs for the Partnering Agencies
and classroom time for MCCCD will be met to the extent possible.
10.4.
The Center Director shall be responsible for the maintenance, operation, and
repair of vehicles utilized by the GRPSTC and for maintaining such vehicles in sound
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operating condition in accordance with generally recognized and accepted preventive
maintenance standards for such vehicles.
11. Regional Public Safety Training Center Facilities
11.1.
None of the Partnering Agencies, including Glendale or MCCCD, shall alter,
repair, modify, or change the premises of the GRPSTC without the express written
permission and approval of the Glendale Field Operations Department and the Chiefs'
Board.
12. Budget, Finances, and Partnering Agency Costs
12.1.
Glendale will annually assess Partnering Agencies for maintenance, repair,
operation (collectively "O&M"), and development of contingency accounts or fund
balances. These accounts will be used for unforeseen major repairs. Glendale will
administer the O&M and contingency accounts and will review and approve them
annually by all GRPSTC boards.
12.2.
MCCCD’s contribution to the annual O&M account is based on and limited to
funds received from its Governing Board. MCCCD will contribute the MCCCD portion
of its approved funding to this account.
12.3.
Annual operating, maintenance, and repair costs for the GRPSTC shall be shared
by the Partnering Agencies based upon the Pro Rata Shares as defined in Section 3.2.
MCCCD and the Partnering Agencies may determine that tuition and fees for college
credit courses earned through MCCCD by Partnering Agency students is credited and
offset against MCCCD's Pro Rata Share of annual O&M costs. MCCCD will bill all
partnering agencies based on actual class costs. MCCCD will be billed in the same
manner as all other partnering agencies. MCCCD, through its participating colleges, will
fund the O&M costs based upon lump sum budget allocations approved annually by the
MCCCD’s governing board for those colleges based upon total budget needs identified
by such participating colleges. In September of each year, the Center Director will
develop a budget and potential supplementals and present to the Operations Committee,
which will review and make a recommendation to the Chiefs' Board. This estimated
GRPSTC annual O&M Budget and supplementals will be presented to the Chief’s Board
no later than October 15th for approval and recommendation for approval to the
Executive Board. The final O&M budget for the following fiscal year will not be
available until the City of Glendale City Council approves a tentative annual budget.
12.4.
Annual operating, maintenance, and repair costs for the GRPSTC will include:
12.4.1.
Authorized personnel salaries and benefits.
12.4.2.
Services and supplies include, but are not limited to, utilities, office
supplies, maintenance supplies, and contractual services.
12.4.3.
Expenditures related to facility repair and maintenance.
12.4.4.
Assessed contributions to the capital improvement projects and
contingency/fund balance account.
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12.4.5.
Liability Insurance as provided in Section 15 below.
12.4.6.
Property insurance as provided in Section 15 below; and
12.4.7.
Other expenditures approved by the Chiefs’ Board.
12.5.
Each Partnering Agency shall bear, at its own expense, the operating, repair, and
maintenance costs incurred solely for the benefit of each respective Partnering Agency
(i.e., Partnering Agency provided office furniture, ammunition, fire, and police training
equipment used by each jurisdiction, etc.).
12.6.
Each Partnering Agency shall also bear, at its own expense, the actual per head
training costs for the training of its respective academy recruits. These costs are broken
down as follows:
12.6.1.
Fire recruit training costs will be evenly split by the fire partners
(Glendale, Surprise, & Peoria). Costs will be based on three classes of 45 recruits
per class annually. All costs for supplies and services will be reviewed and
approved during the budget process defined in section 12.3. The approved costs
will be added to the partners annual O&M invoice. There will be no additional
costs for overtime and no credits provided for RTO’s. All personnel costs for
RTO’s/RTI’s and support staff will be the responsibility of the home agency.
12.6.2.
Police recruit training will be the responsibility of the home agency to
cover all supply and service costs to include training officers compensation.
12.7.
Glendale shall invoice each Partnering agency on an annual basis for their
proportionate share of O&M and contingency/fund balance contributions, if any,
following the reconciliation of all expenditures. All partnering agencies will be billed
based on the approved budget for the current fiscal year. The bill will include a
reconciliation of all expenditures for the previous year. If a Partnering Agency has
leftover funds at the end of the fiscal year, it shall be the Partnering Agency’s
responsibility to request their refund. If a Partnering Agency elects to leave their funds at
the GRPSTC, those funds will be placed into the contingency/fund balance account to be
used by the agency to cover unforeseen cost in the future.
12.8.
All capital contributions required to be paid by Partnering Agencies will be
included in the three-phase CIP process, provided, however, the Capital Improvement
Plan shall be presented as a five-year plan, which will be reviewed and updated annually.
Capital contributions by the Partnering Agencies shall be assessed to the Partnering
Agencies by Glendale in the year the funds are required to begin the capital project. Such
assessments will be due and payable by the Partnering Agencies as provided in Section
12.10 below.
12.9.
Assessed contributions to the capital improvement projects and contingency fund
shall be paid within thirty (30) calendar days of receipt of invoice from Glendale. For all
other assessments, each Partnering Agency shall make payment to Glendale within sixty
(60) calendar days of receipt of the invoice. If these assessments are not paid by the
14
applicable due date, the Partnering Agency shall be in default and subject to termination
in accordance with Section 17 of this Agreement.
12.10.
Each Partnering Agency shall reimburse GRPSTC for the costs of repairing
damage beyond ordinary wear and tear caused by that Partnering Agency. The Center
Director shall determine the costs of repair and whether such repairs are beyond ordinary
wear and tear and report to the Chiefs' Board. This provision does not apply to claims
covered under any property coverage or insurance.
12.11.
Glendale will administer the GRPSTC's financial activities as a separate special
revenue fund in accordance with generally accepted accounting principles. The Executive
Board and Chiefs' Board oversee and control all GRPSTC accounts.
12.11.1. Expenditures from the Center Special Revenue Fund require the approval
of the Center Director. In the absence of the Center Director, the chair of the
Chiefs' Board or vice-chair may approve.
12.11.2. The Center Special Revenue Fund will receive and separately account all
income belonging to the GRPSTC, including the Partnering Agencies' annual
contributions and outside rental income.
12.11.3. All monies not expended in the Center Special Revenue Fund will
remain the fund's property and roll forward into the next fiscal year for
expenditure in accordance with 12.4.
12.11.4. Any interest earned on the monies in the Center Special Revenue Fund,
after deducting applicable bank charges, must be credited to this fund.
12.11.5. Glendale will follow the purchasing requirements defined in the Charter
and Code of the City of Glendale.
12.11.6. All expenditures, contracts, purchase orders, and service orders from any
of the three GRPSTC budgets must be authorized by the Center Director prior to
being procured.
12.12.
Nothing in this Agreement will abrogate the budgeting and appropriation
authority of the legislative and/or governing bodies of the respective Partnering Agencies
or MCCCD.
13. Maricopa County Community College District
13.1.
MCCCD will be entitled to offer at least 2,000 classroom hours and 1,200
laboratory hours annually at the GRPSTC. MCCCD can offer classes and/or training in
three types of formats:
13.1.1.
Credit-generating for credit courses.
13.1.2.
Workshops, non-credit.
13.1.3.
Combination.
15
13.1.4.
All MCCCD class offerings will be scheduled in accordance with
Section 10.3.
13.2.
MCCCD will be the primary educational institution offering college courses at
the GRPSTC. No other educational institution will be allowed to compete with MCCCD
unless:
13.2.1.
MCCCD is given first "right of refusal." MCCCD may partner with the
requesting institution. If MCCCD cannot or will not offer the course within six
months, then:
13.2.1.1.
The requesting institution will be allowed to offer the course
subject to the criteria and parameters set forth by the Chiefs' Board.
13.2.1.2.
If there is a conflict between the Chiefs' Board and MCCCD, the
Executive Board will mediate the matter.
13.2.1.3.
The requesting institution will be subject to the same fees and
requirements as any non-partnering agency renting the facility, as listed
in the Operations Manual.
13.3.
All Partnering Agency instructors teaching MCCCD college courses for credit
shall comply with MCCCD's rules and regulations for contract instructors.
13.4.
Each time Partnering Agency personnel attend an MCCCD college course at the
GRPSTC, they will complete a course registration form and follow other MCCCD
registration procedures.
13.5.
The Partnering Agencies reserve the right to use their instructors for their
respective public safety agency training at the GRPSTC. The Partnering Agency
instructors who teach such courses are not subject to Section 13.3 if the courses are not
offered for MCCCD college credit.
13.6.
All instructors teaching GRPSTC courses shall comply with GRPSTC rules and
regulations for instructors.
13.7.
Nothing herein shall preclude MCCCD from developing its own course and
instructional materials to benefit MCCCD students. All courses and instructional
materials taught at the GRPSTC must be law enforcement or fire science related. Nothing
herein shall preclude the GRPSTC from developing its own courses and instructional
materials for the benefit of trainees assigned to the GRPSTC by the Partnering Agencies.
Moreover, each Partnering Agency may develop its own courses and instructional
materials for the benefit of trainees specifically assigned to the GRPSTC by that
Partnering Agency.
13.8.
The Partnering Agencies acknowledge that they might have access to MCCCD's
student educational records at the GRPSTC. The Partnering Agencies agree that they will
comply with the requirements of the Family Educational Rights and Privacy Act of 1974
(as may be amended from time to time) to safeguard those records from improper
16
disclosure, that access to those records will be limited to only those persons whose access
is necessary as a function of the GRPSTC, and that those records will not be disclosed
without the prior written consent of the student permitting release of the information
according to such consent.
14. Hold Harmless and Indemnification
14.1.
Each Partnering Agency and MCCCD agree that it will be responsible for any
liability or loss that may be incurred as a result of any claim, demand, cost, or judgement
made against that party to the extent arising from any negligent, reckless, or intentional
act or omission by any of that party’s employees, agents, or servants in connection with
work or responsibilities performed pursuant to this Agreement.
14.2.
Each Partnering Agency and MCCCD shall be solely responsible for the cost of
repair of damage to GRPSTC caused by that Partnering Agency or MCCCD, as the case
may be.
14.3.
Each Partnering Agency and MCCCD (an “Indemnitor”) shall indemnify, hold
harmless, and defend the GRPSTC and each other Partnering Agency and MCCCD (the
“Indemnified Parties”) against all claims and lawsuits resulting from any claim, demand,
cost, or judgment made against the GRPSTC and the Indemnified Parties to the extent
arising from any negligent, reckless, or intentional act or omission by any of the
Indemnitor’s employees, agents, or servants in connection with work or responsibilities
performed pursuant to this Agreement.
14.4.
In the event of any lawsuit that names the GRPSTC or more than one Partnering
Agency and/or MCCCD as a defendant (“Defendant Party” or “Defendant Parties”), the
Defendant Parties shall seek to secure an allocation of comparative negligence among
themselves where appropriate and each Defendant Party shall provide contribution to
each other Defendant Party to the extent of the comparative allocation.
14.5.
The Partnering Agencies and MCCCD further agree that they are not joint
employers for the purpose of workers’ compensation coverage and that any Partnering
Agency or MCCCD employee assigned to the GRPSTC shall remain an employee of
such Partnering Agency or MCCCD as the case may be.
15. Insurance
15.1.
Partnering Agencies and MCCCD mutually agree to meet their respective
financial responsibilities regarding liability arising out of this Agreement through either
the purchase of insurance or the provision of a self-funded insurance program.
15.2.
Each Partnering Agency and MCCCD shall be fully responsible for any workers'
compensation claims made by any individual assigned by that particular Partnering
Agency or MCCCD to the GRPSTC for training, education, or development.
17
15.3.
The Center Director shall secure and maintain indemnification and proper proof
of insurance coverage from any non-partnering agency assigning individuals to the
GRPSTC for training or development.
15.4.
GRPSTC shall make provision for and maintain all standard and prudent liability
insurance coverage with a deductible in an amount equal to the mandatory arbitration
limit as set by the Maricopa County Superior Court. Coverage shall be secured through
the placement of coverage with a third-party insurer. All coverage costs will be
incorporated into the GRPSTC annual O&M Budget and will be pro-rated per the Pro
Rata Share of the Partnering Agencies, and MCCCD annually, as established in Section
12.
15.5.
This section shall be limited to the extent provided for insurance secured through
a third-party insurer in the contract. The authority for settling any claim or lawsuit against
the GRPSTC or all of the Partnering Agencies and MCCCD shall lie with the Executive
Board. It shall be provided for by funds allocated among the Partnering Agencies and
MCCCD, whether such funds are available through the GRPSTC annual budget or
additional contributions from the Partnering Agencies and MCCCD are required. Except
to the extent provided for in the contract for insurance secured through a third-party
insurer, the authority to settle any claim or lawsuit arising out of or in settling any claim
or lawsuit against the GRPSTC or all of the Partnering Agencies and MCCCD shall lie
with the use or operation of the GRPSTC made against an individual Partnering Agency,
MCCCD or some of the Partnering Agencies and/or MCCCD not amounting to all of the
Partnering Agencies and MCCCD shall lay with the individual Partnering Agency,
Agencies and/or MCCCD in accordance with any governing legal authorities applicable
to such Partnering Agency, Agencies and/or MCCCD, as the case may be.
15.6.
Glendale will obtain property insurance on an all-risk, replacement-cost basis for
coverage of the GRPSTC. Under the property insurance charge, Glendale will develop a
charge for losses within its deductibles. The costs of property insurance and the charge
for losses with deductibles will be prorated per the Pro Rata Share of the Partnering
Agencies and MCCCD on an annual basis, as established in Section 12.
15.7.
This section shall be limited to the extent provided for insurance secured through
a third-party insurer in the contract. All claims or lawsuits filed against the GRPSTC or
all the Partnering Agencies and MCCCD shall be handled under the direction of the
Glendale City Attorney. In the event a liability claims, or lawsuit is filed against the
GRPSTC or all the Partnering Agencies and MCCCD related to the use and operation of
the GRPSTC, there shall be a meeting between the risk managers and staff attorneys from
each Partnering Agency and MCCCD to discuss how best to address the claim or lawsuit.
Should the parties agree to settle any claim or lawsuit against the GRPSTC, the risk
managers and staff attorneys will make such a recommendation to the Executive Board.
In the event of a disagreement among the risk managers and staff attorneys regarding
legal strategies, tactics, and options involving a claim or lawsuit against the GRPSTC or
all the Partnering Agencies and MCCCD, the Glendale City Attorney shall have the final
determination. Notwithstanding the foregoing, the authority to settle any claim or lawsuit
arising out of or in connection with the use or operation of the GRPSTC made against an
18
individual Partnering Agency or MCCCD or some of the Partnering Agencies and
MCCCD not amounting to all of the Partnering Agencies, and MCCCD shall lay with the
individual Partnering Agency, Agencies, and/or MCCCD in accordance with any
governing legal authorities applicable to such Partnering Agency, Agencies, and/or
MCCCD as the case may be.
16. Agreement Modification and Integration
16.1.
Prior to processing an amendment, the Chiefs' Board shall provide a
recommendation and forward it to the Executive Board for approval. To be effective, any
modification of this Agreement must be in writing, signed by the parties, and approved
by their respective governing bodies. The addition of any new Partnering Agency or a
substitute Partnering Agency as provided for in Section 17 below shall constitute an
amendment to this Agreement. It shall be processed pursuant to this section.
16.2.
This Agreement, including the attachments and any amendments and other
documents specifically incorporated by reference, represents the entire understanding of
the parties for the matters contained herein. Oral or written commitments not contained
herein shall have no force or effect to alter any term or condition of this Agreement.
17. Termination of Agreement and Assignment
17.1.
Voluntary Termination
17.1.1.
Any party wishing to terminate participation prior to the end of the 5-
year term must provide no less than 12 months' written notice of intent to
terminate.
17.1.2.
Any party voluntarily terminating in accordance with this section shall
forfeit any of its Phase I, II, III, or IV capital construction contributions to the
extent paid and any contribution made to the annual operating, maintenance, and
repair costs referenced in Section 12 of this agreement.
17.1.3.
The Partnering Agencies acknowledge that Phases I, II, III, and IV are
planned and budgeted based on all of the Partnering Agencies' full participation
in the 5-year term of this Agreement. Therefore, notwithstanding the voluntary
termination of a Partnering Agency, such Partnering Agency shall be liable for
any costs associated with restructuring or reconfiguring the site plans for the
physical facilities of the Center as a result of such withdrawal.
17.1.4.
After a voluntary termination, the Partnering Agency or MCCCD may
rent space at the GRPSTC under the same terms and conditions as any other non-
participating agency.
17.2.
Assignment
17.2.1.
A party may fully assign its rights and obligations under this Agreement
as provided herein. No partial assignment of a party's rights and obligations
hereunder shall be permitted.
19
17.2.2.
Before any assignment, a party desiring to make an assignment of all of
its rights and obligations hereunder (the "Assigning Party") must first offer to all
of the remaining parties collectively (the "Remaining Parties") the right to
acquire the Assigning Party's rights and obligations under terms and conditions
mutually agreeable to all of the parties. If the Remaining Parties choose not to
collectively acquire the Assigning Party's rights and obligations under this
Agreement, the Assigning Party must offer to any one or more of the Partnering
Agencies or MCCCD individually or in a group less than the whole of the
Remaining Parties the right to acquire the Assigning Party's rights and
obligations under terms and conditions mutually agreeable to those parties. If no
individual or group of Remaining Parties chooses to acquire the Assigning
Party's rights and obligations under this Agreement, the Assigning Party may
offer to assign its rights and obligations under this Agreement to another
governmental agency ("New Partner") under the same terms and conditions as
offered to the Remaining Parties previously. An assignment to a non-
governmental agency shall not be permitted.
17.2.3.
The Assigning Party's rights and obligations hereunder may only be
assigned by a written instrument approved by the respective governing bodies of
the New Partner and Remaining Parties, expressly assigning such rights, and
approved by the governing body of the New Partner, specifically assuming such
rights and obligations.
17.2.4.
Upon approval of an assignment and assumption hereunder, the
Assigning Party's rights and obligations hereunder shall terminate.
17.3.
Involuntary Termination
17.3.1.
The failure of any party to adhere to the terms and conditions of this
Agreement, including timely payment of fees due, may constitute grounds for
that party's involuntary termination from participation in the GRPSTC.
17.3.2.
A party in breach of any of the terms of this Agreement ("Breaching
Party") must be notified in writing by the Center Director that, unless it comes
into compliance within thirty (30) days of receipt of written notice, its
participation in the GRPSTC may be involuntarily terminated.
17.3.3.
If the Breaching Party fails to remedy the breach within the specified
time frame, the issue of its involuntary termination will be considered by the
Executive Board if the Chiefs' Board recommends by a majority vote to the
Executive Board that the Breaching Party be involuntarily terminated.
17.3.4.
The Executive Board will provide the Breaching Party an opportunity to
appear before it and to show why its participation in the GRPSTC should not be
involuntarily terminated. The failure of the Breaching Party to appear shall
constitute a waiver of any future right to do so.
17.3.5.
Upon unanimous agreement of the parties not in default, the Executive
Board will notify the Breaching Party in writing that its participation in the
GRPSTC is terminated and that it will forfeit any claim to any GRPSTC assets.
20
17.4.
Glendale retains the right to seek legal redress, if necessary, to obtain payment on
amounts due from other Partnering Agencies and MCCCD.
17.5.
A Partnering Agency or MCCCD terminated for late, or non-payment forfeits
any claim to any GRPSTC assets or use of the GRPSTC as a party to this Agreement.
17.6.
A Partnering Agency or MCCCD whose participation in the GRPSTC has been
involuntarily terminated in accordance with this section shall forfeit any of its Phase I, II,
III, or IV capital construction contributions to the extent paid as well as any contribution
made to the annual operating, maintenance, and repair costs referenced in Section 12 of
this agreement.
18. Grievance and Arbitration
18.1.
All parties to this Agreement shall try to resolve conflicts with the parties
involved. If a settlement is not obtained, these parties can submit a grievance first to the
Chiefs' Board and then to the Executive Board. If settlement on an issue cannot be
reached between the grieving agency and first the Chiefs' Board and then the Executive
Board, binding arbitration shall be employed to reach a settlement.
18.2.
The Partnering Agencies and MCCCD shall maintain a list (the "Arbitrator List")
of three (3) or more individuals who the Partnering Agencies and MCCCD have agreed
are qualified to resolve disputes subject to arbitration. The individuals listed on the
Arbitrator List from time to time shall be independent from the Partnering Agencies and
MCCCD. They shall have no material financial or personal relationship with any of the
Partnering Agencies. The Partnering Agencies and MCCCD shall attempt to agree to the
initial Arbitrator List as part of the Operations Manual. The individual to be designated as
the arbitrator ("Arbitrator") for a given dispute subject to arbitration shall be elected from
the Arbitration List by the consent of the Partnering Agencies and MCCCD, or at the
request of one Partnering Agency or MCCCD, by random selection from the Arbitration
List.
18.3.
No Arbitrator shall be removed from the Arbitrator List except by death or
resignation without the consent of Partnering Agencies and MCCCD. After the initial
selection of the Arbitrator List, or in the event of a vacancy on the Arbitrator List, no
individual will be added to the Arbitrator List without consent of all of the Partnering
Agencies and MCCCD. If the Partnering Agencies and MCCCD cannot agree to the
selection of a new Arbitrator for the Arbitrator List, the remaining Arbitrators will choose
an individual to fill the vacancy.
18.4.
A dispute hearing shall be held within ninety (90) days of the selection of the
Arbitrator.
18.5.
The arbitration hearing shall generally be conducted in accordance with the
Arizona Rules of Civil Procedure and the Arizona Rules of Evidence, except as modified
herein and as may be modified by the Arbitrator to provide for the most fair and efficient
hearing.
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18.6.
It shall be the duty of the Arbitrator to hear and consider evidence submitted by
the parties and to make written findings of fact and a disposition of the dispute, which
shall be final and binding in nature, except as to issues of law.
18.7.
Each party to a hearing before an Arbitrator shall bear their own expenses.
18.8.
The remaining agencies of the GRPSTC and the grieving agency shall bear one-
half of the arbitrator's fees and expenses.
19. No Third-Party Rights Created
19.1.
Nothing in this Agreement confers any right to any person (including, but not
limited to, those persons holding positions identified in Sections 9.2 and 9.3) or entity not
a party to this Agreement.
19.2.
In addition, persons holding positions identified in Sections 9.2 and 9.3 have no
right to file or pursue the grievance and arbitration provisions set forth in Section 18
above.
20. General Terms
20.1.
No member official or employee of any of the Partnering Agencies or MCCCD
may have any direct or indirect interest in this Agreement nor participate in any decision
relating to the Agreement that is prohibited by law. All parties hereto acknowledge that
this Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511.
20.2.
Each Partnering Agency and MCCCD warrants that it has not paid or given, and
will not pay or give, any third person any money or other consideration for obtaining this
Agreement other than the normal costs of conducting business and the costs of
professional services.
20.3.
No member, official, or employee of any Partnering Agency or MCCCD will be
personally liable to the other Partnering Agencies or MCCCD, or any successor in
interest, in the event of any default or breach by that Partnering Agency or MCCCD or
for any amount which may become due to another Partnering Agency or MCCCD, or on
any obligation under the terms of this Agreement.
20.4.
Except as otherwise expressly provided in this Agreement, any failure or delay
by any party in asserting any of its rights or remedies as to any default will not operate as
a waiver of any default, or of any such rights or remedies, or deprive any such party of its
right to institute and maintain any actions or proceedings which it may deem necessary to
protect, assert or enforce any such rights or remedies.
20.5.
If a court of competent jurisdiction finds any provision of this Agreement invalid
or unenforceable, the remaining provisions will not be affected and will remain valid and
enforceable to the fullest extent permitted by law, provided that such severability does
not defeat the fundamental purposes of this Agreement.
22
20.6.
The captions contained in this Agreement are merely a reference and are not to
be used to construe or limit the text.
IN WITNESS WHEREOF, THE PARTIES HERETO DO AFFIX THEIR SIGNATURES:
{SIGNATURES OF THE RESPECTIVE PARTNERING AGENCIES AND MCCCD ARE SET FORTH
ON FIVE SEPARATE PAGES FOLLOWING THIS PAGE}
23
CITY OF GLENDALE
BY: _________________________________
ITS: _________________________________
DATE: _______________________________
ATTEST:
_______________________________________
GLENDALE CITY CLERK
CERTIFICATION BY LEGAL COUNSEL
The foregoing regional public safety training center intergovernmental agreement between City of
Glendale, City of Peoria, City of Surprise, City of Avondale, and Maricopa County Community College
District is in proper form and is within the powers and authority of the City of Glendale granted under the
laws of the state of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
______________________________________________
GLENDALE CITY ATTORNEY
24
CITY OF PEORIA
BY: _________________________________
ITS: _________________________________
DATE: _______________________________
ATTEST:
_______________________________________
PEORIA CITY CLERK
CERTIFICATION BY LEGAL COUNSEL
The foregoing regional public safety training center intergovernmental agreement between City of
Glendale, City of Peoria, City of Surprise, City of Avondale, and Maricopa County Community College
District is in proper form and is within the powers and authority of the City of Peoria granted under the
laws of the state of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
________________________________________________
PEORIA CITY ATTORNEY
25
CITY OF SURPRISE
BY: _________________________________
ITS: _________________________________
DATE: _______________________________
ATTEST:
_______________________________________
SURPRISE CITY CLERK
CERTIFICATION BY LEGAL COUNSEL
The foregoing regional public safety training center intergovernmental agreement between City of
Glendale, City of Peoria, City of Surprise, City of Avondale, and Maricopa County Community College
District is in proper form and is within the powers and authority of the City of Surprise granted under the
laws of the state of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
________________________________________________
SURPRISE CITY ATTORNEY
26
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
BY: _________________________________
ITS: _________________________________
DATE: _______________________________
ATTEST:
_______________________________________
BOARD CITY CLERK
CERTIFICATION BY LEGAL COUNSEL
The foregoing regional public safety training center intergovernmental agreement between City of
Glendale, City of Peoria, City of Surprise, City of Avondale, and Maricopa County Community College
District is in proper form and is within the powers and authority of the Maricopa County Community
College District granted under the laws of the state of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
________________________________________________
MCCC DISTRICT GENERAL COUNSEL
28
EXHIBIT A
Map, Site Plan, and Project Narrative for the
Glendale Regional Public Safety Training Center (GRPSTC)
29
LEA Architects, LLC
GRPSTC - Joint Use Training Center Master Plan Update
30
LEA Architects, LLC
Future Phases - Original Masterplan
Gymnasium
Auditorium / Museum
Additional Classrooms / Admin
Cafeteria / Retail
Receiving Warehouse
Drivers Training Building
Outdoor training / bleachers
Swift Water Rescue
Apartment / Additional House Props
Big Box / Strip Mall / Gas Station
Driver Training Building
Simulated Police Station / Safety Building
SIMS Village + K9 Training + Kennels
Masterplan Update – Current Needs / Priorities
Class A Burn Prop
Marking Cartridge Building
Classrooms / Admin / PC / Locker Expansion
Future Police + Fire Training Props
Parking Expansion
Existing Campus
Levee
EOC (Emergency Operations Center)
Administration
Classrooms / CPAT
Driver’s Training Canopy / Track
Burn Prop / Drill Tower / House Prop / Conf. Space
Flashover Prop / Roof Framing Prop / Site Props
Simulated Fire Station
Firing Range / Range Building
31
LEA Architects, LLC
GRPSTC Master Plan / Class A Burn Prop Schedule
o
Project Kickoff
12.1.23
o
Class A Geotech Borings / Report
12.1.23 - 1.16.24
o
Program Verification
12.1.23 – 2.7.23
o
Preliminary GRPSTC Site Master Plan / Space Plan Concepts
12.1.23 – 2.7.23
o
Existing Campus Space Utilization Analysis
12.29.23 – 3.1.23
o
Shoot House Stakeholder Coordination Meeting
1.29.24
o
GRPSTC Stakeholder Preliminary Site Plan Concept Presentation / Meeting
2.7.24
o
Class A Burn Prop ADEQ / AHJ Coordination Meeting(s)
2.14.24 -2.21.24
o
LEA Class A Burn Prop Design / CD’s
12.1 - 5.1.24
o
Class A Burn Prop Permitting / Contractor Procurement
5.1.24 – 7.1.24
o
Final Site Master Plan / Civil G&D and Lift Station / Utilities reports / exhibits
5.12.24
o
Class A Burn Prop Foundations / Site Work Construction
7.1.24 – 11.1.24
o
FTS Installation
11.19.24 – 12.10.24
32
385'-0"
MARKING
CARTRIDGE BLDG
15,000 SF
CUSTOM 6
PROP
FLASHOVER
SIMULATOR
FH
FH
ACCESS ROAD
HOUSE +
APARTMENT PROPS
DRIVE EXTENSION /
CULVERT
18 PARKING
SPACES
PROJECT PHASING
1 YEAR - PHASE 1
Class A Burn Props - Custom 6 and Flashover
2-5 YEARS - PHASE 2
Marking Cartridge Building - 15,000 SF - Parking Expansion
Police and Fire Academy Building - 25,000 SF - Parking Expansion
Fire Apartment and House Props
5-10 YEARS - PHASE 3
Future Fire Training Prop Area
Future Police Training Area
10-20 YEARS PHASE 4
Main Campus Building Expansion - Parking Expansion
APARTMENT
PROP
SECURE
PARKING /
VEHICLE
SCREENING
980'-0"
SECURE
SWAT /
VEHICLE
STAGING
MAIN ACADEMY FUTURE
EXPANSION
25,000 SF
FUTURE POLICE TRAINING AREA
PARKING
EXPANSION
(52)
PARKING
EXPANSION
(34)
ACADEMY BLDG
25,000 SF
DRIVER TRAINING
BUILDING
MAIN ACADEMY
BUILDING
SIM. FIRE
STATION
HOUSE PROP
DRILL TOWER
FIRING
RANGE/RANGE
BUILDING
SITE PROPS
PROPAPE
STORAGE
CONFINED
SPACES
(37)
PARKING
EXPANSION
(30)
GRPSTC MASTER PLAN UPDATE + PHASING PLAN
33
PROJECT PHASING
1 YEAR - PHASE 1
Class A Burn Props - Custom 6 and Flashover
2-5 YEARS - PHASE 2
Marking Cartridge Building - 15,000 SF - Parking Expansion
Police and Fire Academy Building - 25,000 SF - Parking Expansion
Fire Apartment and House Props
5-10 YEARS - PHASE 3
Future Fire Training Prop Area
Future Police Training Area
10-20 YEARS PHASE 4
Main Campus Building Expansion - Parking Expansion
MARKING
CARTRIDGE BLDG
15,000 SF
CUSTOM 6 PROP
FLASHOVER
SIMULATOR
HOUSE +
APARTMENT PROPS
MAIN ACADEMY FUTURE
EXPANSION
25,000 SF
ACADEMY BLDG
25,000 SF
PARKING
EXPANSION
PARKING
EXPANSION
PARKING
EXPANSION
FUTURE FIRE PROPS
FUTURE POLICE
PROPS / TRAINING
PARKING
EXPANSION
GLENDALE AVE
GRPSTC MASTER PLAN EXPANSION - SOUTH EAST AERIAL VIEW
34
EXISTING
LIFT
STATION
EXISTING GRAVITY SEWER
UTILITY OVERLAY
EXISTING WATER / FIRE
EXISTING FORCE MAIN
NEW FORCE MAIN / EJECTOR
15K SF
15K SF
25K SF
25K SF
2ND FLOOR PLAN
#5
UP
(7)
(17)
(25)
(5)
(18)
#7
(10)
(10)
(8)
(3)
(28)
(4)
(2)
(8)
#6
(10)
(9)
(8)
(10)
(38)
(36)
UP
(1)
(38)
NATURAL GAS
(13)
(10A)
(10)
(10A)
(24)
(25)
(8)
(10)
(33)
(41)
(32)
(33)
(37)
(5)
(21)
(44)
(34)
(44)
(6)
(9A)
2ND FLOOR PLAN
#5
(7)
(25)
(5)
(18)
(10)
(3)
(28)
(4
(8)
#6
(10)
9)
(8)
(38)
(36)
UP
(1)
(38)
NATURAL GAS
(24)
(25)
(10)
(33)
(41)
33)
(37)
(5)
(44)
(6)
(9A)
4
GRPSTC SITE UTILITY INFRASTRUCTURE
35
PHASE 1 / 1A - CUSTOM 6 + FLASHOVER CLASS A PROPS
36
PHASE 1 / 1A - CUSTOM 6 + FLASHOVER CLASS A PROPS
37
EXISTING MOCK
FIRE STATION
PHASE 1 / 1A - CUSTOM 6 + FLASHOVER CLASS A PROPS
NEW ELECTRICAL TIE IN
38
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44
RR
RR
WARM
ROOM
STORAGE/
LOCKERS
OUTDOOR WAITING/
STAGING
SWAT/VEHICLE
STAGING
SECURE
PARKING /
VEHICLE
SCREENING
PEDESTRIAN
CONNECTION
NEW ROAD
LOBBY/
SECURITY
NEW
PARKING
(7)
RR
RR
WARM
ROOM
STORAGE/
LOCKERS
LOBBY/
SECURITY
EXISTING
RANGE
BUILDING
MOBILE PARTITIONS
(16)
MARKING
CARTRIDGE
BLDG
FUTURE POLICE
TRAINING AREA
PHASE 2A - MARKING CARTRIDGE BUILDING - PHASE 3B FUTURE POLICE TRANING AREA
45
975'-0"
(37 SPACES)
PARKING
EXPANSION
30 SPACES
25,000 SF
ACADEMY
BUILDING
4
25,000 S.F.
MAIN ACADEMY
FUTURE
EXPANSION
SIM. FIRE
STATION
MAIN
EXISTING
ACADEMY
BUILDING
HOUSE PROP
SITE PROPS
PROPAPE
STORAGE
CONFINED
SPACES
PHASE 2B - POLICE AND FIRE ACADEMY BUILDINNG - PHASE 2C - RES. FIRE PROPS - PHASE 3A FIRE TRAINING AREA - PHASE 4 MAIN CAMPUS BUILDING EXPANSION
46
10,000 SF UPPER LEVEL
15,000 SF LOWER LEVEL
ACADEMY BUILDING 25,000 SF
EXISTING FIRE STATION SIMULATOR
EXISTING MAIN CAMPUS BUILDING
PROGRAMMING:
CLASSROOM
ASSEMBLY
ADMINISTRATION
CIRCULATION
UTILITY/STORAGE
RESTROOM/LOCKER
PHYSICAL CONDITIONING
GRPSTC MASTER PLAN EXPANSION - NORTH WEST AERIAL VIEW
PHASE 2B - POLICE AND FIRE ACADMEY BUILDINNG
47
385'-0"
MARKING
CARTRIDGE BLDG
15,000 SF
ACCESS ROAD
DRIVE EXTENSION /
CULVERT
18 PARKING
SPACES
PROJECT PHASING
1 YEAR - PHASE 1
Class A Burn Props - Custom 6 and Flashover
2-5 YEARS - PHASE 2
Marking Cartridge Building - 15,000 SF - Parking Expansion
Police and Fire Academy Building - 25,000 SF - Parking Expansion
Fire Apartment and House Props
5-10 YEARS - PHASE 3
Future Fire Training Prop Area
Future Police Training Area
10-20 YEARS PHASE 4
Main Campus Building Expansion - Parking Expansion
SECURE
PARKING /
VEHICLE
SCREENING
980'-0"
SECURE
SWAT /
VEHICLE
STAGING
MAIN ACADEMY FUTURE
EXPANSION
25,000 SF
FUTURE POLICE TRAINING AREA
PARKING
EXPANSION
(52)
ACADEMY BLDG
25,000 SF
FIRING
RANGE/RANGE
BUILDING
SITE PROPS
(37)
PARKING
EXPANSION
(30)
GRPSTC MASTER PLAN UPDATE COST SUMMARY
5,000 S
PROJECT PHASING
1 YEAR - PHASE 1
Class A Burn Props - Custom 6 and Flashover
2-5 YEARS - PHASE 2
Marking Cartridge Building - 15,000 SF - Parking Expansion
Police and Fire Academy Building - 25,000 SF - Parking Expansion
Fire Apartment and House Props
5-10 YEARS - PHASE 3
Future Fire Training Prop Area
Future Police Training Area
10-20 YEARS PHASE 4
Main Campus Building Expansion - Parking Expansion
Amount
Cost/S.F.
Phase 1- Site improvements for Custom 6 Tower and Flashover Prop.
$1,080,912
$33.48
Phase 1A -Owners allowance for Custom 6 and Flashover Props
$2,200,000
$7,551,291
$424.64
Phase 2A -Force Main Sewer & Pumps
$241,849
$13,900,111
$521.67
Phase 2C - Fire House Props (2 Required)
$2,033,409
$508.35
Phase 2D - Fire Apartment and House Props
$2,824,690
$353.09
Phase 3A- Future Fire Training Prop Area. Site improvements only, props TBD not included
$2,349,588
$42.31
Phase 3B -Future Police Training Prop Area. Site improvements only ,props TBD not included
$3,852,512
$41.88
Phase 4 -Main Campus Building Expansion & Parking Expansion
$17,944,018
$676.28
Total
$53,978,379
Description
Phase 2A- Marking Cartridge Building (15,000 SF) & Parking Expansion
Project Cost Summary
Phase 2B- Police & Fire Academy Building(25,000 SF ) & Parking Expansion
GRPSTC MASTER PLAN UPDATE COST SUMMARY
48
LEA Architects, LLC
GRPSTC - Joint Use Training Center Master Plan Update
49