HomeMy WebLinkAbout20132280.tiffRESOLUTION
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 October 29, 2012, and ending May 23, 2013, 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 12th day of August, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTES
Weld County Clerk to the Board
BY
Deputy
APP
Lnty Att. rney
EXCUSED
William F. Garcia, Chair
Barbara Kirkmeyer /
Douglhs Radem cher, Pro-Tem
ike Freeman
AUG 202013
Date of signature:
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2013-2280
SO0034
2013 MUNICIPAL CONTRACT TOWN HRLY RATE WITH O/T AND INCIDENTALS OPTIONS
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2013-2280
INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
SHERIFF'S OFFICE, ST. VRAIN VALLEY SCHOOL DISTRICT AND THE
TOWN OF MEAD OR 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 Sheriff's Office,
(hereinafter referred to as Weld County Sheriff's Office), the St. Vrain Valley School
District and the Town of Mead.
WITNESSETH:
WHEREAS, the Weld County Sheriff's Office, the St. Vrain Valley School
District, 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 Sheriff's Office, 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 Sheriff's Office, known as a
School Resource Officer shall be assigned to work with the administration faculty,
and students of Mead High School, Mead Middle School and Mead Elementary
School 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.
2012-3056
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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.
11. Contribute to the positive police -school -community relation efforts, especially as
these efforts relate to students and faculty.
II.
PROGRAM ADMINISTRATION
A. Employment. The School Resource Officer shall be a regular employee and certified
peace officer of the Weld County Sheriff's 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 and the Town of
Mead, 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 terms contained
herein or direction of the Weld County Sheriff's 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
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Office. The School Resource Officer Program is funded by the Weld County
Sheriff's Office, the St. Vrain Valley School District and the Town of Mead.
C. Schedule. The School Resource Officer will work a schedule consistent with Weld
County Sheriff's 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 Sheriff's 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 Sheriff's
Office chain of command and the supervision of the assigned Weld County Sheriffs
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, the Town of Mead,
or 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 Sheriffs Office vehicle.
G. Liability Coverage. The Weld County Sheriffs Office shall exchange evidence of
insurance showing general liability coverage for St. Vrain Valley School District and
the Town of Mead, and general liability and professional coverage of Weld County
Sheriff's 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, the St. Vrain Valley School District and the Town
of Mead. Such evidence shall be approved by each recipient prior to the
commencement of this agreement.
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H. Termination. This agreement may be terminated without cause by any party upon
60 days written notice. Upon termination, any funds provided by the St. Vrain Valley
School District or the Town of Mead shall he prorated and returned and returned to
the entity to which it's owed. 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 Sheriffs Office, the St. Vrain Valley School District or the Town of
Mead. It shall also not be construed that the school or town, including its officers,
agents, volunteers and employees, are an agent of the Weld County Sheriff's Office.
The 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 or town in any
capacity. The School Resource Officer shall not represent that he/she is an employee
or agent of the St. Vrain Valley School District or the Town of Mead 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, the St. Vrain Valley School District or 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. the St. Vrain Valley School District or 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 Sheriff's Office will prepare and send a
statement to the St. Vrain Valley School District and the Town of Mead on or before
the tenth (l 0"') day of the month following the month for which the services are
provided. The 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
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the St. Vrain Valley School District or 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
and payable, and may be collected by the Weld County Sheriffs Office utilizing all
legal means necessary.
III.
TERM OF CONTRACT
The term of this Agreement shall be from the date of final execution to and
until May 23, 2013, 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. el.sey. 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 La' DAY OF ezit be i
ATTEST:
CLERK TO THE BOARD
,20/.
COUNTY OF WELD, STATE OF
COLORADO, ON BEHALF OF JOHN
COOKE, WELD COUNTY SHERIFF,
OF COUNTY COMMISSIONERS BY
AND THROUGH THE BOARD OF
im COUNTY COMMISSIONERS OF WELD
tirNaw �JWr1Ad7(A_��AF�CtUNTY, COLORADO
By:
Deputy Clerk
By:
Sean Conway, Chairman
OCT 2 9 2012
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APPROVED. AS TV ORM:
By:
' B rce Barker,
eld County Attorney
APPOVED AS TO SUBSTANCE:
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By:
J. n Cooke, Weld County
riff
St. Vrain Valley School District RE -1J:
By:
Don Haddad, Superintendent
SUBSCRIBED AND SWORN to before me this rJn i day of
Ook),Le.r , 20 I .
WITNESS .d and official seal.
Nota y Public
—I5—a.O13
Town of Mead:
By:
Dan Dean, Town Manager
SUBSCRIBED AND SWORN to before me this 1/ day of
67Om) e.,e, , 20 /.2.
WITNESS my hand and official seal.
My commission expires: tlizAoi,3
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My Commission Expires a� / 3
Schedule A
I. Until further notice is received, the County Contact Person shall be:
Deputy Chief Alan Caldwell
Weld County sheriff's Office
1950 O Street
Greeley, CO 80631
970-356-4015, ext. 2808
acaldwrcl Itii:cu.weld.cn.us
2. Until further notice is received, the St. Vrain Valley School District Agreement
Monitor shall be:
Stacy Davis
Security Manager
St. Vrain Valley School District
395 S. Pratt Pkwy
Longmont, CO 80501
303-682-7207
davis stacywsvvsd.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
970-535-4477
ddean!it,tuwnofmcad.orc
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Schedule B
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 $ 53.00 per hour per Deputy. The St. Vrain Valley School
District and the Town of Mead shall each contribute $ 26.50 per hour towards the
hourly rate comprising the contract amount.
2. The St. Vrain Valley School District 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 August 16, 2012,
and ending May 23, 2013. 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 August 16, 2012,
and ending May 23, 2013. The maximum cumulative amounts paid by the St.
Vrain Valley School District and the Town of Mead when added together will
represent the total "Contract Amount" of $66,938.00 for a maximum total of 1263
hours of service.
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