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HomeMy WebLinkAboutResolution 2014-0006TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2014 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING ACADEMY TRAINING FOR POLICE OFFICER RECRUITS 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 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 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, 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, 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 13th day of January, 2014. ATTEST: 2 POLICE RECRUIT TRAINING AGREEMENT This agreement is made and entered into this 13th day of January, 2014, by and between the City of Lakewood, a municipal corporation of the State of Colorado, with offices at 445 South Allison Parkway, Lakewood, Colorado 80226, on behalf of the Jefferson County Sheriffs Office and Lakewood Police Department's Combined Regional 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 . 29th Avenue, Wheat Ridge, Colorado 80030 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 three police 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 police 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 provisions relating to insurance and the covenant not to sue shall survive the termination of this agreement. 3. Description of Training. The Academy shall provide classroom instruction as well as all testing and evaluation of the Wheat Ridge police recruits 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, $4,500 per Wheat Ridge recruit. If the participation of a Wheat Ridge recruit terminates prior to his or her completion of the 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. Termination. 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. The City of 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 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 police 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, 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 police recruit while being trained at the Academy under this Agreement or thereafter, that are in any manner connected with any Wheat Ridge police 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 police recruit or the training of Wheat Ridge police recruits by City of Lakewood and Jefferson County. 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 $350,000 per person, and $990,000 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 ~heir 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 2