HomeMy WebLinkAboutResolution 2012-0038TITLE:
CITY OF WHEAT RIDGE , COLORADO
RESOLUTION NO . 38
Series of 2012
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGR EEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE
CITY OF LAKEWOOD CONCERNING ACADEMY TRAINING FOR
POLICE OFFICER RECRU ITS
WH EREAS , pursuant to C.R.S . § 29-1 -203 , the cities of Wheat Ridge and
Lakewood , Colorado are authorized to enter into cooperative agreements with other
governmental entities to provide any function , service or facility each is authorized to
unde rt ake ; and
WHEREAS , Lakewood and Wheat Ridge are each authorized to perform law
enforcement functions pursuant to Section 6 , Article XX of the Colorado Constitution
and C.R.S . § 31-15-401 ; and
WHEREAS, such law enforcement functions occasionally necessitate the training
of new police officer recruits ; and
WHEREAS , Wheat Ridge does not emp loy a large enough number of police
officer recruits or dedicated training staff to operate its own law enforcement training
academy ; and
WHEREAS, the City of Lakewood operates a law enforcement training academy ,
in cooperation with t he Jefferson Cou nty Sheriff's Office; and
WHEREAS, the Wheat Ridge Police Department recommends sending its police
officer recruits to said academy , under those terms and conditions set forth in the
intergovernmental agreement attached to this Resolution ; and
WHEREAS, the Wheat Ridge City Council ("Council ") finds that approval of the
attached agreement would promote the public health , safety and welfare by providing
cost-effective quality training to future Wheat Ridge police officers ; and
WHEREAS , in accordance with Section 14 .2 of the City 's Home Rule Charter ,
the City Council wishes to approve said intergovernmental agreement by resolution .
NOW, T HEREFORE , B E IT RESO LVED by the Wheat Ridge City Council, that:
The Outside Agency Recruit Training Agreement by and between the City of
Lakewood and the City of Wheat Ridge , concerning the training of Wheat Ridge police
officer recruits at the Combined Regional Academy , attached to this Resolution and
incorporated herein by reference , is hereby approved . The Mayor and City Clerk are
authorized to execute the same .
DONE AND RESOLVED this g th day of July, 2012 .
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ATIEST:
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OUTSIDE AGENCY
RECRUIT TRAINING USE AGREEMENT
This agreement is made and entered into this_ day of , 2012 ,
by and between the City of Lakewood , a municipa l corporation of the State of Colorado ,
with offices at 445 South All ison Parkway , Lakewood , Colorado 80226 , on behalf of the
Jefferson County Sheriff's Office and Lakewood Police Department's Combined
Reg ional Academy hereinafter referred to as "Academy ;" and the City of Wheat Ridge ,
a municipal corporation of the state of Colorado , with offices at 7500 W . 291h Avenue ,
Wheat Ridge , Colorado 80033here inafter referred to as "Wheat Ridge .n
WITNESSETH:
WHEREAS , the City of Lakewood and Jefferson County , Colorado conduct a
joint train ing academy for the training of law enforcement officers ; and
WHEREAS , Wheat Ridge is desirous of having its law enforcement officer
recruits attend the Jefferson County Sheriffs Office and Lakewood Police Department's
Combined Regional Academy; and
WHEREAS , Article XIV, Section 18 of the Colorado Constitution provides for
agreements of this sort,
NOW, THEREFORE, for the mutual covenants and promises and other valuable
consideration it is hereby agreed as follows by and between the City of Lakewood and
Wheat Ridge :
1. Purpose of Agreement. The purpose of this agreement is to provide
Wheat Ridge with training of its recruit officers at the Academy.
2. Term of Agreement. This agreement shall be in effect for six months from
the date set forth above. The provis ions relating to insurance and indemnification shall
survive the termination of this agreement.
3. Description of Tra ining . The Academy shall provide classroom instruction
as well as all testing and evaluation of the Wheat Ridge recru its in the areas required by
the State of Colorado Peace Officer Standards and Training including, but not limited to ,
firearms training , police driving , and arrest control. The Wheat Ridge recruits shall be
provided an opportunity to take the Colorado Peace Officer Standards and Training
certification examination.
4 . Payment. Wheat Ridge shall pay the Academy , at the commencement of
the recruit academy, $4 ,200 per Wheat Ridge recruit enrolled . If the participation of a
Wheat Ridge recruit terminates prior to his or her completion of the twelfth (12'h) week
of the Academy, Wheat Ridge shall be refunded a portion of its payment for such recru it
as mutually agreed upon by the parties .
5 . Termination . Either party upon written notice may term inate this
agreement.
6 . Independent Contractor. The City of Lakewood , Jefferson County , and
Wheat Ridge are governmental entities . No officer or employee of one entity shall be
considered an officer or employee of the other for any purpose , including worker's
compensation and any other benefit. The Wheat Ridge recruits are Wheat Ridge
employees and are not eligible for any salary or benefits from the City of Lakewood or
Jefferson County .
7. Insurance. Wheat Ridge shall continuously maintain Worker's
Compensation coverage in accordance with the Worker's Compensation Act of the
State of Colorado and employer's liability coverage of the standard worker's
compensation policy . Wheat Ridge is responsible for any deductible losses under the
policy or payment of any retention amounts under a self-insurance program . A
certificate of insurance acceptable to the Risk Management Division of the City of
Lakewood must be provided at the time the parties execute this agreement hereto
unless both parties arrange otherwise .
Each party agrees to maintain general and auto liab ility , law enforcement liability , and
public officials ' liability insurance. Wheat Ridge agrees to provide a certificate of
insurance to the City of Lakewood , Risk Management Division . Such certificate shall
state that 30 days ' notice of any cancellation of such insurance will be provided to the
City of Lakewood . All cancellation notices shall be sent to the City of Lakewood , Risk
Management Division .
8. Indemnification . To the extent authorized by law, in connection with the
training of Wheat Ridge recruits by the Academy as provided in this agreement, Wheat
Ridge agrees to indemnify and hold harmless the City of Lakewood and the County of
Jefferson , their officers , employees , and insurers , from and against any and all claims ,
damages , liabilities, demands and court awards of any kind whatsoever, which arise
from any acts or omissions of any Wheat Ridge recruit while being trained at the
Academy under this Agreement or thereafter, that are in any manner connected with
any Wheat Ridge recruit, if such injury, loss, or damage is or is claimed to be caused in
whole or in part by the act , omission , or other fault of any Wheat Ridge recruit or the
training of Wheat Ridge recruits by City of Lakewood and Jefferson County. Wheat
Ridge agrees to investigate , handle, respond to , and provide defense for any such
liability, claims , or demands at the sole expense of Wheat Ridge and agrees to bear all
other costs and expenses related thereto , including court costs , investigation costs ,
attorney fees , whether or not such liability, claims , or demands alleged are groundless,
false , or fraudulent. The parties hereto understand and are relying upon and do not
waive or intend to waive by any provision of this contract the monetary limitations
(presently $150 ,000 per person , and $600 ,000 per occurrence) or any other rights ,
immunities or protections , provided by the Colorado Governmental Immunity Act,
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Section 24-1 0-1 01 , et seq., C. R. S., as from time to time amended , or otherwise
available to the parties , their officers or their employees.
9. Integration. This instrument contains the entire agreement between the
parties, and no statement, promises , or inducements made by either party that is not
contained in this instrument shall be valid or binding . This agreement may not be
enlarged , modified , altered or extended except in writing, signed by the parties and
endorsed herein .
10. Assignment. This agreement shall inure to the benefit of and be binding
upon Lakewood and Wheat Ridge and shall not be assignable by either party .
11 . Severance. If any part of this agreement is held by the courts to be illegal
or in conflict with any law of the State of Colorado , the validity of the remaining parts
shall not be affected , and the rights and obligations of the parties shall be construed and
enforced as if the contract did not contain the particular part held to be invalid .
12 . Venue . Venue for any and all legal actions regarding the transaction
covered herein shall lie in the District Court in and for Jefferson County , Colorado and
this transaction shall be governed by the laws of the State of Colorado .
13. Authority . This instrument shall not constitute an agreement until
accepted , in writing by the duly authorized representative of the City of Lakewood and
Wheat Ridge .
14 . Article X. Section 20ffABOR. The parties understand and acknowledge
that Wheat Ridge is subject to Article X, § 20 of the Colorado Constitution (''TABOR").
The parties do not intend to violate the terms and requirements of TABOR by the
execution of this Agreement. It is understood and agreed that this Agreement does not
create a multi-fiscal year direct or indirect debt or obligation within the meaning of
TABOR and , therefore , notwithstanding anything in this Agreement to the contrary , all
financial obligations of Wheat Ridge are expressly dependent and conditioned upon the
continuing availability of funds beyond the term of Wheat Ridge 's current fiscal period
ending upon the next succeeding December 31 . Financial obligations of Wheat Ridge
payable after the current fiscal year are contingent upon funds for that purpose being
appropriated , budgeted, and otherwise made available in accordance with the rules,
regulations , and requirements of Wheat Ridge and other applicable law.
Notwithstanding any other provision of this Agreement concerning termination , upon
Wheat Ridge 's failure to appropriate such funds , this Agreement shall automatically
terminate .
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Executed this __ day of _______ , 2012.
ATIEST:
Margy Greer, City Clerk
APPROVED AS TO LEGAL FORM :
Janet Young , Deputy City Attorney
CITY OF LAKEWOOD
Kevin Paletta , Chief of Police
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