HomeMy WebLinkAbout20143972 RESOLUTION
RE: APPROVE RENEWAL OF INTERGOVERNMENTAL AGREEMENT FOR JOINT
SCHOOL RESOURCE OFFICER PROGRAM - TOWN OF MEAD / ST. VRAIN
VALLEY SCHOOL DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a request to renew the
Intergovernmental Agreement for the Joint School Resource Officer Program among the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Sheriff's Office, the Town of Mead and the St. Vrain Valley School
District, commencing upon execution of signature and ending December 31, 2015, with the
provision for automatic renewal by mutual consent on a year-by-year basis, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve renewal of said
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the Joint School Resource
Officer Program among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Sheriff's Office, the Town of Mead, and
the St. Vrain Valley School District be, and hereby is, renewed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of December, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
(� Is as WE COUNTY, COLORADO
ATTEST:
Weld County Clerk �� � L`; ,� �� Douglas Rademachef air
rbara Kirkmeyer, Pao-Tem
BY: �!� - - 1�/" 7 �.
Deputy Cler ro t e Board C
Sean P. Conway
APPROVFORM:
Mike F1jr�eem
Pt't Rflpt.j."'
County Attorney
William F. Garcia
Date of signature: DEC 2 9 2014
eC:sooedd )$$2 20S -3972
INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
SHERIFF'S OFFICE AND ST.VRAIN VALLEY SCHOOL DISTRICT AND THE
TOWN OF MEAD FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT is made by and between the Board of County
Commissioners of Weld County by and on behalf of the Weld County Sheriffs Office,
(hereinafter referred to as Weld County Sheriffs Office), and St.Vrain Valley School
District, and the Town of Mead.
WITNESSETH:
WHEREAS, the Weld County Sheriffs Office, St.Vrain Valley School District,
and the Town of Mead, and the community are significantly impacted by the demands
placed upon them to address incidents and situations directly or indirectly related to
juveniles and the schools, and
WHEREAS, the problems of safety, alcohol and substance abuse, gang
involvement, and other crime related problems which negatively affect the community
and the school can best be addressed in a proactive and preventive manner, and
WHEREAS, the Weld County Sheriffs Office and the St.Vrain Valley School
District , and the Town of Mead desire to create a school resource officer program to
provide a school-based approach to the development of a positive relationship between
students and the police, and
WHEREAS, such programs are recognized as being effective in the development
of a positive relationship between law enforcement, faculty. and young people and in the
prevention of crime.
NOW, THEREFORE, FOR AND IN CONSIDERATION of covenants and
agreements below appearing, the parties agree as follows:
I.
SCOPE OF SERVICES
A certified police officer employed by the Weld County Sheriffs Office, known as a
School Resource Officer shall be assigned to work with the administration faculty,
and students of Mead High, Middle and Elementary Schools, St.Vrain Valley School
District, and may perform functions including, but not limited to the following:
1. Assist in the prevention and control of crime and disorder on the campus and in
the immediate area of the school.
2. Conduct or assist in the investigation of offences on campus.
2014-3972
3. Provide presentations and available educational resources in the following areas:
alcohol and substance abuse, law-related education, criminal justice system
orientation, safety, crime prevention, gang involvement and awareness,
community responsibility for students and other groups associated with the
school.
4. As requested by school staff, provide instructional resources for classroom
presentations as time permits.
5. Enforce state statutes and county codes as appropriate.
6. Appear in court and assist in prosecution and other judicial processes as
appropriate.
7. Assist in the coordination of efforts of other enforcement agencies on the
campus.
8. Provide visible presence on the campus.
9. Assist security personnel with appropriate monitoring and enforcement in the
parking lots and other assets of the school.
10. Attend school-related functions during normal classroom hours. Officers may be
asked to adjust their hours from time to time to attend social events such as
presentations, public meetings, and sporting events, etc. This will not replace
security and off-duty work already in place.
I I. Contribute to the positive police-school-community relation efforts, especially as
these efforts relate to students and faculty.
11.
PROGRAM ADMINISTRATION
A. Employment. The School Resource Officer shall be a regular employee and certified
peace officer of the Weld County Sheriffs Office. The deputy will be subject to the
ordinances, policies, procedures, rules, regulations, directives, and orders of Weld
County and the Weld County Sheriff's Office. The officer also will comply with the
policies and regulations of the St.Vrain Valley School District to the extent that such
policies and regulations are not in conflict with those of the Weld County Sheriffs
Office, are not in conflict with other teens contained herein or direction of the Weld
County Sheriffs Office, or are not in conflict with federal, state or municipal laws.
B. Salary and Benefits. The School Resource Officer will receive salary and employee
benefits and normally issued equipment and supplies from the Weld County Sheriffs
Office. The School Resource Officer Program is funded by the Weld County
Sheriffs Office and St.Vrain Valley School District, and the Town of Mead.
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C. Schedule. The School Resource Officer will work a schedule consistent with Weld
County Sheriffs Office ordinances policies, procedures and subject to the Fair Labor
Standards Act. Except as otherwise provided in the Agreement, the School Resource
Officers shall work a mutually established schedule subject to financial and time
limits as hereinafter set forth in Schedule B, in addition to court appearances and
training during times, when the school is open. During the schools summer vacation,
spring break, holiday breaks and other days when the school is not in session, and the
officer is not involved in assigned school related activities, the school resource officer
will be assigned duties in the Weld County Sheriffs Office. In the event of an
emergency, as determined by the Weld County Sheriffs Office, the School Resource
Officer may be required to perform general law enforcement duties. The School
Resource Officer shall attend in-service training conducted by the Weld County
Sheriffs Office scheduled throughout the year.
D. Supervision. The School Resource Officer is subject to the Weld County Sheriffs
Office chain of command and the supervision of the assigned Weld County Sheriff s
Office supervisor(s). Day to day supervision will be assigned to Weld County
Sheriffs Office supervisors. The assigned Weld County Sheriffs Office supervisor
will be responsible for maintaining contact with the school administration. The
School Resource Officer will work closely with the school administration and faculty
to determine the most effective use of the officer's time and expertise, subject to the
financial and time limits set forth in schedule B, but shall not be subject to the
supervision or direction by the St.Vrain Valley School District, its officers, agents or
employees.
E. Performance Appraisal. The School Resource Officers' performance will be
evaluated consistent with the Weld County Sheriffs Office policy and procedures by
the assigned supervisor and will accept input from the schools' designee(s).
F. Vehicle. The School Resource Officer will be provided on-duty use of a Weld
County Sheriff s Office vehicle.
G. Liability Coverage. The Weld County Sheriff's Office shall exchange evidence of
insurance showing general liability coverage for St.Vrain Valley School District and
general liability and professional coverage of Weld County Sheriffs Office in the
minimum amount of Colorado Governmental Immunity Act for protection from
claims for bodily injury, death, property damage, or personal injury which may arise
through the execution of this contract, through the Weld County Risk Management
Office and St.Vrain Valley School District. Such evidence shall be approved by each
recipient prior to the commencement of this agreement.
H. Termination. This agreement may be terminated without cause by either party upon
60 days written notice. Upon termination, any funds provided by the St.Vrain Valley
School District, and the Town of Mead shall be prorated and returned to the school.
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Notice of intended termination shall be provided to the other party as per the notice
requirements of Section II. L., below.
I. Entire Agreement. This Intergovernmental Agreement contains the entire
understanding of the parties with respect to the subject matter hereof, and all other
understandings or agreements shall be deemed merged into this Agreement.
Amendments of this Intergovernmental Agreement may be made only in writing and
signed by all parties hereto.
J. Relationship of the Parties. It is mutually agreed and understood that nothing
contained in the Intergovernmental Agreement is intended, nor shall be construed, as
in any way establishing the relationship of co-partners or a joint venture between the
Weld County Sheriff's Office and St.Vrain Valley School District, and the Town of
Mead. It shall also not he construed that the school, including its officers, agents,
volunteers and employees, are an agent of the Weld County Sheriff's Office.
St.Vrain Valley School District, and the Town of Mead shall not represent that the
School Resource Officer is an employee or agent of the school in any capacity. The
School Resource Officer shall not represent that he/she is an employee or agent of
St.Vrain Valley School District in any capacity. The School Resource Officer shall
remain solely an employee of the Weld County Sheriffs Office.
K. Third Party Beneficiaries. None of the terms or conditions in this
Intergovernmental Agreement give or allow any claim, benefit, or right of action by
any third person not a party hereto. Any person or entity other than the Weld County
Sheriffs Office or St.Vrain Valley School District, and the Town of Mead receiving
services or benefits under this contract is only an incidental beneficiary. Nothing in
this Intergovernmental Agreement shall be deemed as a waiver of immunity or
liability limits granted to the County and the St.Vrain Valley School District, and the
Town of Mead under the Colorado Governmental Immunity Act.
L. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail, return receipt requested, postage
prepaid, at the addresses set forth below in Schedule A, until such time as written
notice of a change is received from a party wishing to make a change of address. Any
notice mailed and/or served as set forth above, shall be deemed delivered and
effective upon receipt or delivery.
M. Payment Dates. The Weld County Sheriffs Office will prepare and send a
statement to St.Vrain Valley School District and the Town of Mead on or before the
tenth (10`x') day of the month following the month for which the services are provided.
St.Vrain Valley School District and the Town of Mead shall pay the amount
requested within thirty (30) days of receipt of the statement. If payment from the
St.Vrain Valley School District, and the Town of Mead is not received within thirty
(30) days, the Sheriff may. in his discretion, terminate all service under this
Agreement; however, all amounts due prior to the date of termination will remain due
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and payable, and may be collected by the Weld County Sheriffs Office utilizing all
legal means necessary.
111.
TERM OF CONTRACT
The term of this Agreement shall be from the date of final execution to and
until December 31st,2015, and shall be renewed automatically by mutual consent on a
year-by-year basis thereafter unless sooner terminated by either party in writing served
upon the other party no later than sixty (60) days prior to the expected date of
termination. Any renewal of this Agreement shall be subject to changes in the hourly rate
schedule as provided by the Sheriffs Office which is set forth in Schedule B,which is
attached hereto and incorporated herein by reference.
IV.
PRESERVATION OF IMMUNITY
Nothing in the Agreement shall be construed (i) as a waiver by either party of
immunity provided by common law or by statue, specifically including the Colorado
Governmental Immunity Act, Section 24-10-101. et.seq. C.R.S., as it may be amended
from time to time; (ii) as creating as assumption of any duty or obligation with respect to
any third party where no such duty previously existed; or(iii) as creating any rights
enforceable by such third parties.
EXCUTED THIS DAY OF VC:JZJgf.2-- , 20 /y.
COUNTY OF WELD, STATE OF
COLORADO, ON BEHALF OF JOHN
COOKE, WELD COUNTY SHERIFF,
OF COUNTY COMMISSIONERS BY
AND THROUGH THE BOARD OF
COUNTY COMMISSIONERS OF WELD
S '` COUNTY, COLORADO
ATTEST: ,•
CLERK E S'IA' =aa, 1/42t
t%6 t:J? SI
Deputy Cle ' r► l! � oug adcmachcr, Chairman DEC E 9 2014
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
By: r By: I/ ? �r
Baer, xos�'/ �d ' �'yt Join Cooke, Weld County
Weld County Attorney S,tycriff
•
0Zo i`1. 3 97.Z
PROVED AST , FUNDING:
rakAllijSt.Vrain Valley School District:
___
Barbara Conno er By: )2(0.,--
n SUBSCRIBED AND SWORN to before me this , - day of
KOK_ntilic , 20 IL{
WITNESS my hand and official seal.
/i c
iJt L - L'7�-'1l [d.1 ti
Not ry Public
My commission expires:
LINDA C. LOHMANN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974012619 The Town of Mead:
MY COMMISSION EXPIRES 07/15/2017
By: - r ;'
SUBSCRIBED AND SWORN to before me this &DX day of
��173JL , 20 iV .
WITNESS my hand and official seal.
otary Public
My commission expires:
1 ViLI� s �7�
LINDA €74AC KSTON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID B 2005401144?
MY COMMISSION EXPIRES APRIL 05,2017
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SCHEDULE A
I. Until further notice is received, the County Contact Person shall be:
Commander Todd Deutsch
Weld County sheriffs Office
1950 O Street
Greeley, CO 80631
970-356-4015, ext. 2837
tdeutsch(aico.weld.co.us
2. Until further notice is received, St.Vrain Valley School District Agreement
Monitor shall be:
Stacy Davis
Director of Security and Emergency Managment
St.Vrain Valley School District
395 S. Pratt Pkwy
Longmont, CO 80501
303-682-7207
Davis stacyttsvvsd.org
3. Until further notice is received, the Town of Mead Agreement Monitor shall be:
Dan Dean
Town Manager
Town of Mead
441 3rd Street
Mead, CO 80542
70-535-4477
ddean(iuTownofinead.org
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Schedule B
The hourly rate comprising the contract amount of this fiscal agreement during
the initial term of the Agreement, and until further notice as set forth in the
Agreement, shall be $53.24 per hour per Deputy. The St.Vrain Valley School
District and the Town of reread shall each contribute $26.62 per hour toward the
hourly rate comprising the contract amount.
2. The maximum cumulative total billing for services during the term of this fiscal
agreement shall be $66,938.00 for the fiscal year 2015.
The St.Vrain Valley school District shall par a maxinrum
cumulative of$33,469.00 to the Weld County Sheriff's Office for
the services provided pursuant to this agreement for the one year
period beginning January0l, 2015 and ending December 31, 2015.
The Town of Mead shall pay a maximum cumulative of$33,469.00
to the Weld County Sheriff's Office for the services provided
pursuant to this agreement for the one year period beginning
Jamrary0l, 2015 and ending December 31, 2015. The maximum
cumulative amount paid by the St.Vrain School District and the
T01171 O.Mead when added together will represent the total
"contract Amount" of$66,938.00 ,fin-the maximum total of 1257
hours of service.
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SCHEDULE C
l. Until further notice is received, the County Contact Person shall bc:
Commander Todd Deutsch
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
970-356-4015, ext. 2837
2. Until further notice is received, Towns Agreement Monitor shall be:
Dan Dean
441 Third Street
P.O. Box 626
Mead, CO 80542
970-535-4477
SCHEDULE D
1. The hourly rate comprising the contract amount of this fiscal agreement during the initial
term of the Agreement, and until further notice as set forth in the Agreement, shall be
$53.24 per hour per Deputy, for both direct and indirect services performed.
2. The maximum amount to be billed to the Town by the Sheriff for direct and indirect
services shall be$ 33,469 for the fiscal year 2015. If the maximum amount is billed prior
to the expiration of the term of this Agreement, unless an amendment to this Agreement
authorizing an additional amount for the payment of the services described herein is
entered into by both parties, the Sheriff shall no longer be obligated to provide such
services. In that case, the Sheriff would then provide only such services to the Town
which the Sheriff would normally otherwise provide in the enforcement of Colorado
statutes.
TOWN OF MEAD ATTEST:
S�By: By: _A-
Gary Z. Shields, Mayor LindalBlackston. Town Clerk
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