HomeMy WebLinkAboutResolution 2013-0004TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 04
Series of 201 3
A RESOLU TION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE C ITY OF WHEAT RIDGE AND THE
CITY OF LAKEWOOD CONCERN ING ACADEMY TRAI NING FOR
POLICE OFF IC ER RECRUITS
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 authorized functions , services or facilities ; 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 Sheriffs 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 finds that approva l 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, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council , that:
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 , is attached to this Resolution and
incorporated herein by reference, is hereby approved . The Mayor and City Clerk are
authorized to execute the same.
ATTEST:
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POLICE RECRUIT TRAINING AGREEMENT
This agreement is made and entered into this _day of , 2013,
by and between the City of Lakewood , a municipal corporat ion of the State of Colorado ,
with offices at 445 South Allison Parkway, Lakewood , Colorado 80226, on behalf of the
Jefferson County Sheriff's Office and Lak ewood Pol ice Department's Combined
Regional Academy hereinafter referred to as "Academy;" and the City of Wheat Ridge ,
a municipal corporation of the State of Co lorado , with offices at 7500 W . 29 1h Ave .,
Wheat Ridge , Colorado 80033 hereinafter referred to as "Wheat Ridge ."
WITNESSETH :
WHEREAS , the City of Lakewood and Jefferson County , Colorado conduct a
joint training 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 Sheriff's 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 law enforcement officer recruits at the Academy.
2 . Term of Agreement. This agreement shall be in effect for six months from
the date set forth above . The provisions relating to insurance and the covenant not to
sue shall survive the termination of this agreement.
3. Description of T raining . The Academy shall provide classroom instruction
as well as all testing and evaluation of the Wheat Ridge recruits in the areas required by
the State of Colorado Peace Officer Standards and Tra i ning including , but not limited to ,
firearms training , police driving , and arrest control. The Wheat Ridge recruits shall be
provided an opportunity to take the Co lorado Peace Officer Standa rds 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 t he twelfth (12th) week
of the Academy, Wheat Ridge shall be refunded a portion of its payment for such recruit
as mutually agreed upon by the parties .
5. Term i nation . Either party upon written notice may terminate 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 mainta i n general and auto liability, 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 . Covenant not to sue . Wheat Ridge in connection with the training of its
recruits by the Academy as provided in this agreement, agrees to release , waive ,
discharge, and covenant not to sue the City of Lakewood and the County of Jefferson .
their officers , employees , and insurers. to the extent of 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 , to the extent such injury, loss, or damage is or is claimed to be caused i n whole
or in part by the act, omission , or other fault of any Wheat Ridge recru1t or the training of
Wheat Ridge recruits by City of Lakewood and Jefferson County . The parties hereto
understand and are rely ing upon and do not waive or i ntend 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 , Section 24-10 -101 , 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
part1es . and no statement , promises, or Inducements made by either party that is not
c ontained in this instrument shall be valid or binding . This agreement may not be
enlarged , modified , altered or extended except in writing , s1gned 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 writmg by the duly authorized representative of the City of Lakewood and
Wheat Ridge .
Executed this __ day of ________ , 2013.
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO LEGAL FORM:
Janet Young , Deputy City Attorney
AT TEST :
CITY OF LAKEWOOD
Kevin Paletta , Chief of Police
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