HomeMy WebLinkAboutResolution 06, 2018CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 06
Series of 2018
TITLE: A RESOLUTION APPROVING THE 2018 POLICE RECRUIT
TRAINING AGREEMENT TO PROVIDE LAW
ENFORCEMENT ACADEMY TRAINING FOR SIX WHEAT
RIDGE RECRUITS AT THE COMBINED REGIONAL
ACADEMY
WHEREAS, 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
undertake; 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 employ 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 the Jefferson County 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, the cost of attending the recruit training is $6,000 per recruit, and the
police department has six new recruits to be trained; 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, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
The Police 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 at a cost of $6,000 per recruit, as 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_!/!:._ day of January, 2018.
Bud Starker, Mayor
ATTEST:
elle Shaver, City Clerk
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POLICE RECRUIT TRAINING AGREEMENT
This POLICE RECRUIT TRAINING AGREEMENT (the "Agreement") is made and entered
into this 15th day of January, 2018 (the "Effective Date"), by and between the City of Lakewood,
a home rule municipal corporation of the State of Colorado whose principal business address is
480 South Allison Parkway, Lakewood, Colorado 80226 ("Lakewood"), on behalf of itself and
Jefferson County, Colorado (the "County), and the City of Wheat Ridge, a municipal corporation
of the State of Colorado, with offices at 7500 West 29th Avenue, Wheat Ridge, Colorado 80033
("Agency").
WITNESSETH:
WHEREAS, Lakewood and the County conduct a joint academy for the training of law
enforcement officers known as the Jefferson County Sheriff's Office and Lakewood Police
Department's Combined Regional Academy (the "Academy"); and
WHEREAS, Agency is desirous of having six of its police recruits ("Recruits") attend the
Academy; and
WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Part 2, Article 1, Title
29, C.R.S., encourage and authorize intergovernmental agreements among government entities
to cooperate and contract with one another to provide any function, service or facility lawfully
authorized to each.
NOW, THEREFORE, for the mutual covenants and promises and other valuable
consideration, the receipt and adequacy of which is expressly acknowledged, the parties hereby
agree as follows:
1. Purpose. The purpose of this Agreement is to provide training of the Recruits at the
Academy,
2. Term of Agreement. This Agreement shall ha.ve a term of six (6) months from the Effective
Date. The provisions herein relating to insurance and the covenant not to sue shall survive
the termination or expiration of this Agreement.
3. Description of Training. The Academy shall provide classroom instruction as well as all
testing and evaluation of the Recruits as required by State of Colorado Peace Officer
Standards and Training including, but not limited to, firearms training, police driving and
arrest control.
4. Payment. Agency shall pay to Lakewood, at the commencement of the Academy, Six
Thousand dollars ($6,000) for eac.h Recruit to be trained at the Academy.
5. Termination. Either party may terminate this Agreement by providing to the non-terminating
party, not less than fifteen (15) days prior to the date of termination, written notice of
termination including the effective date thereof.
6. Independent Contractor Status. Lakewood, the County and Agency are all governmental
entities (each, an "Entity"): No officef or employee of any Entity shall be . .considered or
deemed an officer or employee of any other Entity for. ~my purpose, including worker's
compensation insurance benefits and any other benefit. The Recruits are and shall remain
employees of Agency and as such are not eligible for any salary or benefits from Lakewood
or the County.
7. Insurance.
a. Agency shall continuously maintain statutory Worker's Compensation employer's
liability coverage. Agency is responsible for any deductible losses under such policies
or payment of any retention amounts under a self-insurance program. A certificate of
insurance acceptable to Lakewood must be provided upon execution of this
Agreement unless the parties arrange otherwise.
b. Both parties shall maintain general and auto liability, law enforcement liability and
public officials' liability insurance. Agency agrees to provide a certificate of insurance
to Lakewood stating that notice of any cancellation of such insurance will be provided
to Lakewood not less than thirty (30) days prior to any such cancellation. All
cancellation notices shall be sent to the City of Lakewood, Risk Management Division.
8. Covenant not to sue. Agency, in connection with the training of its Recruits as provided
herein, hereby agrees to release, waive and discharge, and covenants not to sue, Lakewood
and the County, and their respective 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 Recruit while being trained pursuant to this
Agreement or thereafter, that are in any manner connected with any 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 Recruit or the training of Recruits hereunder. The parties understand, are relying
upon and do not waive or intend to waive by any provision of this Agreement the monetary
limitations (presently $350,000 per person, and $990,000 per occurrence) or any other
rights, immunities or protections, provided by the Colorado Governmental Immunity Act,
Sections 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available
to the parties and their offic;;ers or employees.
9. General Provisions.
a. Integration. This Agreement contains the entire understanding among the parties, and
no statement, promise or inducement made by either party that is not contained herein
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. This
Agreement shall inure to the benefit of and be binding upon Lakewood and Agency
and their successors and assigns.
b. Assignment. This Agreement shall not be assigned by either party.
c. Severability. 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 he.Id to be invalid.
d. 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.
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e. Authority. This instrument shall not constitute an agreement until accepted, in writing
by the duly authorized representative of Lakewood and Agency.
f. Electronic Disposition. The parties acknowledge and agree that the original of this
Agreement, including the signature page, may be scanned and stored in a computer
database or similar device, and that any printout or other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this Agreement,
may be used for any purpose as if it were the original, including .proof of the content of
the original writing.
g. Counterparts. This 'Agreement may be executed in any number of counterparts, each
of which shall be deemed to be an original and all such counterparts taken together
shall be deemed to constitute one and the same instrument
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date.
CITY OF LAKEWOOD
Daniel J. McCasky, Chief of Police
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Janet Young, Deputy City Attorney
CITY OF WHEAT RIDGE
Bud Starker, Mayor
ATTEST:
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