HomeMy WebLinkAbout20111626.tiff RESOLUTION
RE: APPROVE REQUEST TO EXTEND TERM OF INTERGOVERNMENTAL AGREEMENT
FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM
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, by Resolution #2010-1870, dated August 16, 2010, the Board approved an
Intergovernmental Agreement for a 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 Weld County Sheriffs Office, Saint Vrain Valley School District, and the Town of Mead,
and
WHEREAS, subject to certain terms and conditions, the Board has been presented with a
request to extend the terms of said agreement commencing August 1, 2011 and ending July 31,
2012, with further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve the request to extend the
terms 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 request to extend the terms of the Intergovernmental Agreement for a
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 Weld County Sheriffs
Office, Saint Vrain Valley School District, and the Town of Mead, be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WED COUNTY, COLO jADO
IEIL
ATTEST arbara Kirkmeyer,‘1:(
air
Weld County Clerk to t [ striv
J nit R_, W A Se C way, Pro-Tem
BY: l fi'e� iii71�'
Deputy Clerk to the Boar��J '
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APPROVED AS TO FORM: Oe
vid E. Long
Ct—n. tar1 " mX
Aost.Couhty Attorney
ougl ademachei�
Date of signature: 7/I9/ll
C f✓ Y) 6-Mcun C 2011-1626
1- -11 SO0032
INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
SHERIFF'S OFFICE,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 Sheriff's Office,
(hereinafter referred to as Weld County Sheriffs Office),the St. Vrain Valley School
District and the Town of Mead.
WITNESSETH:
WHEREAS,the Weld County Sheriffs Office, 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 truancy,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,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
WHEREAS,the Town of Mead does not have a Municipal Police force and
contracts police services from the Weld County Sheriff's Office,and Weld County is a
large county with over 4,000 square miles of territory that create a unique law
enforcement environment due to large distances officers must travel to perform their
duties,and the Weld County Sheriffs Office can efficiently provide a school resource
officer while mitigating expenses related to mileage and long distances.
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 School,Mead Middle School and Mead Elementary and
may perform functions including,but not limited to the following:
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I. Assist in the prevention and control of delinquency,truancy,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.
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 and municipal 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 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 Sheriff's Office,are not in conflict with other terms contained
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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 Sheriff's
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 devote such officer's full shift to the school calendar day when the
school is in session,except for required duties such as court appearances and training.
During the school's 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 Sheriff's 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 Sheriff's
Office supervisor(s).Day to day supervision will be assigned to Weld County
Sheriff's 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's administration and
faculty to determine the most effective use of the officer's time and expertise,but
shall not be subject to the supervision or direction by the St.Vrain Valley School
District or the Town of Mead or their 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 with the St. Vrain Valley School District
and the Town of Mead 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
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Weld County Risk Management Office and 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.
H. Termination. This agreement may be terminated without cause by either the Weld
County Sheriff's Office,the St.Vrain Valley School District or the Town of Mead
upon 30 days' written notice. Upon termination,any funds provided by the St.Vrain
Valley School District or the Town of Mead shall be prorated 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 Sheriff's Office, St.Vrain Valley School District or the Town of Mead.
It shall also not be construed that the school and town,including its officers,agents,
volunteers and employees,are an agent of the Weld County Sheriff's Office. The St.
Vrain Valley School District or the Town of Mead shall not represent that the School
Resource Officer is an employee or agent of the school, school district or the town in
any capacity. The School Resource Officer shall not represent that he/she is an
employee or agent of 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 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
Sheriff's Office, 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 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.
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M. Payments for Services. The St. Vrain Valley School District shall pay$33,469.00
and the Town of Mead shall pay$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 1,2010,and ending July 31,2011. The funds paid by St.Vrain Valley
School District and Town of Mead when added together will represent the total
"Contract Amount"of$66,938.00. The Weld County Sheriffs Office will prepare
and send a statement to the St. Vrain Valley School District and the Town of Mead on
or before the tenth(10th)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.
III.
TERM OF CONTRACT
The terms of this agreement shall be for one year,beginning on the 1"of
August 2010,and shall continue through the 31"of July 2011. By the concurrence of
the Weld County Board of County Commissioners on behalf of the Weld county Sheriff s
Office,The St. Vrain Valley School District and the Board of Trustees of the Town of
Mead this contract may be extended,for up to two (2)additional one year periods.
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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EXECUTED THIS 47—DAY OF /�Crfil3/ ,20/)
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
COUNTY, COLORADO
ATTEST:
CLERK TO THE BO
` 1861 , •
� , ,,
Deputy Cler/ ' 1( -, oug adema er,Chairman
AUG 16 2010
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APPROVED AS TO FORM: APPROVED AS TO SUBST CE:
Morney
By
J Cooke,Weld Co ty 7eriff
St Vrain Valley School District:
LBy: C/1"---442—/C
nA SUBSCRIBED AND SWORN to before me this 54 day of
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WITNESS my hand and official seal.
o Public
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c".3'• 0 ,:o ' Town of Mead:
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�� ESTATE OFr
By:
SUBSCRIBED AND SWORN to before me this °(/Q day of
20/0
WI SS my hand and official seal.NAEREEp
R p��RY Notary Public
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SCHEDULE A
1. Until further notice is received,the County Contact Person shall be:
Commander Alan Caldwell
Weld County sheriff's Office
1950 0 Street
Greeley,CO 80631
970-356-4015,ext. 2808
2. Until further notice is received,the St. Vrain Valley School District Agreement
Monitor shall be:
Don Haddad
Superintendent of Schools
395 South Pratt Parkway
Longmont,CO 80501
303-682-7205
3. Until further notice is received,the Town of Mead Agreement Monitor shall be
Dan Dean
Town Manager
PO Box 626
Mead,CO 80543
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