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HomeMy WebLinkAboutResolution 2012-0016TIT L E: CITY OF WHEAT RIDGE, COLORADO RESOLU T ION NO. 16 Series of 2012 A RESOLUTION APPROVING A N IN TERGOVERNMENTAL AGREE MENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE TO ESTABLISH THE WEST METRO SPECIAL WEAPONS AND TAC TICS TEAM (SWAT) 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 governmenta l entities to provide any function, service or facility each is authorized to undertake; and WH EREAS, 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, from time to time , each jurisdiction encounters emergency situations for which its usual law enforcement response , personnel or equipment may be inadequate; and WHEREAS , each jurisdiction would benefit from the existence and availability of a special weapons and tactics (SWAT) team that is staffed and equipped to respon d to such em ergency sit uations; and WHEREAS, in lieu of establishing , staffing and maintaining separate SWAT teams, the Chiefs of Police of Wheat Ridge and Lakewood recommend cooperating in the establishment of a regional SWAT team that would be available to both jurisdictions and to other area ju r isdictions w ho may wish to join the cooperat ive effort in t he futu re ; and WHEREAS , the Wheat Ridge City Council ("Council") finds that the establishment and existence of a regional SWAT team will promote and protect the public health , safety and welfare of City residents and visitors ; and WH EREAS , t he Counci l desires to approve the terms of Wheat Ridge 's participation in the West Metro SWAT team as memorialized in the intergovernmental agreement attached to this Resolution ; 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, BE IT RESOL VED by the City Counci l of the City of Wheat Ridge , Colorado, that: The Intergovernmental Agreement by and between the City of Lakewood and the City of Wheat Ridge to Establish the West Metro Special Weapons and Tactics Team , 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 a(p (1 day o~ I ~ Jerry ATIEST: 2 1 ~-osoo I AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE TO ESTABLISHTHE WEST METRO SPECIAL WEAPONS AND TACTICS TEAM THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this '1 ~ day of M....-.J... , 2012, by and between the CITY OF LAKEWOOD. ("Lakewood ") a home rule municipal corporation of the State of Colorado with offices located at 445 S . Allison Parkway , Lakewood , Colorado. 80226-3105 and the CITY OF WHEAT RIDGE . ("Wheat Ridge '') a home rule municipal corporation of the State of Colorado with offices located at 7500 W . 29 1h Avenue, Wheat Ridge , Colorado 80033. Hereinafter. Lakewood and Wheat Ridge may be refe rred to individually as a "Party" or collectively as the "Parties ." WITNESSETH WHEREAS , intergovernmental agreements to provide functions or services, including the sharing of costs of such services or functions by political subdivisions of the State of Colorado, are specifically authorized by Section 29-1-203 , C.R.S and Article XIV, Section 18 of the Colorado Constitution : WHEREAS , the Parties hereto are each authorized to lawfully provide. establish , maintain , and operate law en f orcement agenc1es and to prov1de other emergency services: WHEREAS, the Part1es hereto maintain emergency equipment to be utilized in exceptional circumstances when other than standard police procedure and weapons are requi red : WHEREAS , contiguous boundaries often result in more than one police department becoming involved in the response to certain emergencies ; WHEREAS, emergencies may arise in one or another of the jurisdictions of the Parties which is of such intensity and duration as to place greater demands on that jurisdiction 's personnel and equipment than the jurisdiction can handle ; WHEREAS, the Parties desire to maintain uniform equipment, training , policies . procedures . and personnel standards , pertaining to tactical teams , so that each may have the service of the other Party to a1d and assist it in exceptional circumstances when other than standard police procedures and weapons are required : WHEREAS, the Parties desire to establish and Implement a cooperative Special Weapons and Tactics team (hereinafter referred to as "West Metro SWAT"); WHEREAS, other jurisdictions that provide similar services and maintain similar equipment may in the future, desire to be included in this Agreement; WHEREAS , establishment of a comb1ned SWAT Team through an intergovernmental agreement provides a public purpose and will promote the safety, security, and general welfare of the inhabitants of the cities of Lakewood and Wheat Ridge, as well as any other political subdivision that may request assistance. NOW, THEREFORE, in consideration of the mutual covenants and commitments made herein , the Parties agree as follows : I. TERMS AND CONDITIONS . A. The parties form this Agreement under the authority of Sections 29-1-203 and 29-5-104 , C .R.S. Such police personnel so assigned and performing duties as provided herein shall have the same power and police authority within Lakewood and Wheat Ridge as do regular police officers of the Party that has requested the deployment of the West Metro SWAT. 8 It is understood and agreed that this Agreement is intended to facilitate cooperation between the Parties in the prov1sion of the servrces prov1ded herein , but does not establish a separate legal entity to do so , and , except as set forth herein , this Agreement does not authorize any Party to act for any purpose whatsoever, nor does this Agreement establish any employee of any Party as an agent of any other Party for any purpose whatsoever. This Agreement shall provide only for sharing of in-kind services and special asset costs by the Parties toward the establishment of a common mutual goal , said goal being the cooperative development of West Metro SWAT to be utilized in instances when other than standard police procedures and weapons are required . C . For and in consideration of the prom1ses of the Parties , each Party agrees, subject to the limitations herein set forth , to a1d and assist the other by causing and pe rmitting its law enforcement personnel and its equipment to be used in responding to emergencies and exceptional instances that occur in the jurisdiction of the other, including barricaded armed individuals , hostage situations, execution of high risk warrant service, riotous crowd control , threat of potential sniper activities. te rrorist incidents. VIP protection or other exceptional circumstances when other than standard police procedures and weapons are needed in the jurisdiction serv1ced by one Party, and which are beyond the control of a jurisdiction . D. The need for such aid and assistance shall be determined by the Chief of Police or designee requesting assistance, and upon such a request , the Parties agree that West Metro SWAT may respond as it deems appropriate. E. It is understood and agreed that each Party shall maintain appropriate personnel and funding in support of this Agreement. F. The term of this Agreement shall be for one year commencing on the date the Agreement is executed by all Parties. The Agreement shall automatically renew with respect to all Parties unless any Party provides notice of termination . II. POLICIES AND PROCEDURES . A. Each Party shall implement the prov1s1on of this Agreement by establishing uniform policies and procedures concerning protocols , Incident Command System , selection criteria , equipment, training , and personnel standards for officers who will be assigned to West Metro SWAT. B. It is understood and agreed that such mutually agreed upon policies and procedures shall require that each Party maintain a level of personnel and equipment necessary to safely and effectively deploy West Metro SWAT during exceptional circumstances when other than standard police procedure and weapons are required to meet its obligations under this Agreement. C . To be eligible for assignment to West Metro SWAT, officers must pass and maintain pertinent and lawful performance standards, which have been approved by the Parties ' Chiefs of Police. The performance standards may include but are not limited to firearm qualifications. D. An officer from a participating agency who has satisfied the performance standards is not eligible for appointment to West Metro SWAT unless the Chiefs of Police of each Party hereto agree to such assignment. Any officer assigned to West Metro SWAT shall be removed from West Metro SWAT at any time , with or without cause , at the request of any Party 's Chief of Police . E. All evidence and property seized as a result of a West Metro SWAT operation by officers assigned to West Metro SWAT shall be seized identified , preserved , booked and stored pursuant to the policies and procedures currently in effect for the jurisdiction in which the operation occurred . F. Each officer assigned to West Metro SWAT shall be provided uniforms, equipment, and weaponry required for the execution of law enforcement duties by his or her employing agency ("Home Agency "). G . Officers assigned to West Metro SWAT shall be subject to the supervision of the supervisory and command personnel assigned to West Metro SWAT regardless of which Party assigned the supervisor or officer to West Metro SWAT. H . Any disciplinary action imposed against an officer as a direct result of an officer's involvement or participation in West Metro SWAT shall be the responsibility of the officer's Home Agency. I. It is understood and agreed that the jurisdiction requesting West Metro SWAT shall command the incident and the assigned West Metro SWAT command officer shall command the tactical aspects of an operation . Ill. FUNDING. A. Each Party shall , at all times , be responsible for the salary , including overtime , benefits , and all related employee costs of every kind for each employee , including uniforms, equipment, personal weaponry , and other related equipment costs 3 required for the execution of law enforcement duties incurred in the performance of this Agreement. B. Spec1al Asset Costs. The Parties agree that special assets that are expensive and that require routine maintenance may be required for SWAT Team use in the future. Special assets may include , by way of example only, vehicles , specialized communication equ1pment. weapons and munitions . The costs of such special assets may include, by way of example only, the costs of purchase, operation and maintenance. The Part1es agree that such costs will be incurred and such special assets will be acquired only with the pnor written approval of all Part1es . Lakewood shall be responsible for 80 percent of these costs and Wheat Ridge shall be responsible for 20 percent of these costs . This percentage allocation may be readjusted by written amendment to this Section III.B upon the addition or withdrawal of any Party hereto or upon the request of any Party. C . The Parties acknowledge and agree that all payment obligations under this Agreement are currently expenditures of the Part1es . payable in the fiscal year for which funds are appropriated for the payment thereof. The Parties' obligations under this Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the Parties within the meaning of Article X , Section 20 of the Colorado Constitution . IV. GOVERNANCE. A governing board shall be created to establish policies and procedures . and promulgate such , and oversee operational and administrative matters of concern to the West Metro SWAT Team . and shall be referred to as the "Governing Board ." The Governing Board shall include the Chief of Police of each participating agency or his designee and one individual from a non-participating agency who is agreed upon by the Chiefs of Police . The Governing Board shall meet quarterly or more often if needed . Attendance of 50% or more of the Governing Board members at any scheduled or duly noticed meeting shall constitute a quorum for voting purposes. V . WORKER 'S COMPENSATION . The Parties shall, at their own expense, keep in full force and effect during the term of this Agreement, statutory Worker's Compensation insurance or adequate self-insurance funds . VI. INSURANCE/ LIABILITY. A. The Parties shall , at their own expense , keep in full force and effect during the term of this Agreement, and during the term of any extension or amendment of this Agreement , insurance in such amount as necessary to comply with the limitation set forth in the provision of the Colorado Government Immunity Act (C .R.S ., 24-10-101 et seq .) as well as Law Enforcement Professional liability insurance or self-insurance with a $1,000,000 general aggregate limit, to insure against any liability assumed by the Parties pursuant to the provisions of th1s Agreement. The type and amount of such insurance shall be that which is customarily obtained for similar projects by other professionals engaged in the same field and type of work as the Parties and in accordance with generally-accepted professional practices. The Parties shall not be relieved of any liability assumed pursuant to this Agreement by reason of their failure to secure insurance as required by this Agreement or by reason of their failure to secure 4 insurance in sufficient amounts , sufficient durations , or sufficient types to cover such liability. B. Each Party shall be responsible for the acts and omissions of its own officers assigned to West Metro SWAT and shall not be responsible for the acts or omissions of other West Metro SWAT members except as set forth herein . Any liability that accrues under the provisions of Article 10 of Title 24 , C.R.S., on account of the negligent or otherwise tortious act of a police officer while performing the duty shall be imposed upon the requesting Party in compliance with the terms of Section 29-5-108, C .R.S . and not upon the assigning Party . C . None of the Parties waive its rights, defenses or immunities provided by the Colorado Governmental Immunity Act , or as otherwise provided by law. VII. INDEPENDENT STATUS . The Parties enter into this Agreement as separate , independent governmental entities and shall maintain such status throughout. VIII . TERMINATION/WITHDRAWAL. A Any Party hereto may terminate its participation in this Agreement with or without cause upon thirty (30) days prior written notice to each of the others . B. On thirty (30) days prior written notice, any Party shall have the right to withdraw its participation from this Agreement in the event that its governing body does not appropriate , budget, or otherwise make funds available for the purpose of performing under this Agreement, or in the event that any court of competent jurisdiction determines that this Agreement, or any portion thereof, is in violation of Section 20 , Article X , of the Colorado Constitution. Any withdrawal/termination shall not be considered a breach of this Agreement. IX. INTEGRATION AND AMENDMENT. A Municipalities situated partly or wholly within Jefferson County who wish to join this Agreement may do so by amendment to this Agreement approved by each Party's respective Chief of Police or Chief Law Enforcement Officer. The Parties are authorized to amend this Agreement to accommodate additional agencies wishing to join in the Agreement. B. This Agreement represents the entire agreement between the Parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties . If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding , and all of the remaining provisions of this Agreement shall continue in full force and effect. X . GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado . XI. VENUE . Venue for all disputes arising under this Agreement shall be in the District Court of and for the County of Jefferson, State of Colorado . 5 XII. ASSIGNMENT. This Agreement shall not be assigned by any Party. XIII. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon , the Parties and their respective legal representatives . XIV. NO THIRD PARTY BENEF ICIARIES . It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement , and all rights of action relating to such enforcement, shall be strictly reserved to Parties and nothing contained in this Agreement shall give o r allow such claim or right of action by any other third party on such Agreement. It is the express intention of Parties that any person other than Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. XV. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes when deposited in the United States mail, by certified mail or registered mail, postage and fees prepaid. addressed to the Party to whom such notice is to be given at the address set forth on that Party 's signature page below , or at such other address as such Party have given by written notice to the others pursuant to this paragraph . XVI. PARAGRAPH CAPTIONS . The captions of the paragraphs are set forth only for the conveniences and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement. ... - ( . '.~ .. .. \,\ . . ·· . • , I •, 1 ATTEST: ·. ' ... "· . I By :~"" .<: Margy , City Clerk APPROVED AS TO FORM : By : -~-'t--~-- Timothy Cox , City Attorney 6 Kathleen E. Hodgso City Manager