HomeMy WebLinkAbout20123436.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT SCHOOL RESOURCE
OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY SCHOOL
DISTRICT RE-3J
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 an Intergovernmental Agreement for a Joint
School Resource Officer Program between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Sheriffs Office, and Weld
County School District RE-3J, commencing January 1, 2013, and ending December31, 2013,with
further terms and conditions being as stated in said intergovernmental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
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 a Joint School Resource Officer
Program between 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, and Weld County School District
RE-3J be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said intergovernmental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: NAAr I a$44.IJLO4,4L✓ 0-7
Sean P. hair
Weld County Clerk to the Bo
$ 'Errr cia,pt Clerl t the a Kirkmey er
ICr
AP AS R :toQIct4
f ` David E. Long
ounty ttorney C2.5LIMor,
Doug la!RademacKuer
Date of signature: DEC 1 7 2012
Cc , SC (CLlCw1C)
13 .PO 2012-3436
SO0033
INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
SHERIFF'S OFFICE AND WELD COUNTY SCHOOL DISTRICT RE-3(J) 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 Weld County School
District RE-3(J).
WITNESSETH:
WHEREAS, the Weld County Sheriffs Office, Weld County School District RE-
3(J), 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 and the Weld County School
District RE-3(J) 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 Weld County School District RE-3(J), 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.
2012-3436
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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 Sheriffs Office. The officer also will comply with the
policies and regulations of the Weld County School District RE-3(J), to the extent
that such policies and regulations are not in conflict with those of the Weld County
Sheriff's Office, are not in conflict with other terms 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 Sheriff's
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Office. The School Resource Officer Program is funded by the Weld County
Sheriffs Office and Weld County School District RE-3(J).
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 Weld County School District RE-3(J), 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 Weld County School District RE-
3(J) 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 Weld County School District RE-3(J). 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 Weld County
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School District RE-3(J) shall be prorated and returned to the school. 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 and Weld County School District RE-3(J). It shall also
not be construed that the school, including its officers, agents, volunteers and
employees, are an agent of the Weld County Sheriffs Office. Weld County School
District RE-3(J) 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 Weld County School District RE-3(J)
in any capacity. The School Resource Officer shall remain solely an employee of the
Weld County Sheriff's 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 Weld County School District RE-3(J) 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 Weld County School District RE-3(J) under the
Colorado Governmental Immunity Act.
L. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personai 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 Weld County School District RE-3(J) on or before the tenth (10`h) day of
the month following the month for which the services are provided. Weld County
School District RE-3(J) shall pay the amount requested within thirty (30) days of
receipt of the statement. If payment from the Weld County School Disctrict RE-3 (J)
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
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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 December 31st, 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. 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.
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EXCUTED THIS ._.7 DAY OF Decc m')el_ , 20 /2? .
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
• ' O"JNTY, COLORADO
ATTEST: A' cc
CLERK TO THH BOARD II, (;`''r~X%\'
By: �/ �__ �y: ;r�
Deputy Cle - Sean Conway, Chairman Np r
3 20`.�
APPROVED AS T APPR VED AS TO SUBSTANCE:
•By. --27-7,., By: lit;
B u . arker, Jo Cooke, Weld County
eld County Attorney S er ff
\i
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Weld County School District RE-3(J):
By: Mfr ^ - ¢emlL�
SUBSCRIBED AND SWORN to before me this day of
, 20 .
WITNESS my hand and official seal.
Notary Public
My commission expires:
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SCHEDULE A
1. 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
acaldwell@co.weld.co.us
2. Until further notice is received, Weld County School District RE-3(J) Agreement
Monitor shall be:
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L:
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.
2. The maximum cum1lative total billing for services during the term of this fiscal
agreement shall be , 7b1,0 0 for the fiscal year 2013.
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