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Home My WebLink About20102834.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CAMPUS POLICE OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN -AIMS COMMUNITY COLLEGE 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 the Campus Police 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 Weld County Sheriff's Office, and Aims Community College, commencing January 6, 2011, and ending January 6, 2012, with further terms and conditions being as stated in said agreement, and WHEREAS,after review, the Board deems it advisable to approve 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 Campus Police 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 Weld County Sheriffs Office, and Aims Community College be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COON ORADO - -, . ATTES :7-': `� tz 1� no-12A-r/ f �,1A , _,Do la Radema e , Chair Weld County Clerk to the dd N c 'I,C Ly', yA /iA--- .. arbara Kirkmeye , Pro-Tem BY: : ' Deputy Cler to the Board " EXCUSED' Sean P. C ay AP ROVEa AS TO FQ.RM? 7 �/ Willi F. Garcia u�ty r - n"ty rney IN I co--,k. David E. Long Date of signature: AV, \ Girl. 06 \co ws *(SD) CL S0 2010-2834 II <3'71 - 10 /,:)- y'/D SO0031 MAims Community College November 8, 2010 Alan Caldwell, Commander Weld County Sheriff's Office 1950 "O" Street Greeley CO 80631 Subject: Contract/Agreement with Aims Community College Attached please find the agreement between your agency and the College, which has been signed by Aims President, Dr. Marsi Liddell. If you are in agreement with the terms and conditions, please sign both and return one original to: Michael Kelly, Chief Administrative Officer Aims Community College P.O. Box 69 Greeley, CO 80632 Aims does not consider a contract fully approved until signatures are obtained from both the College and the outside agency; therefore, we ask that you return the fully approved contract to us as soon as possible. If the signed contract/agreement is not received by Aims Community College within 60 days of this letter, the contract/agreement shall be voided. If you have questions, please contact my office at (970) 339-6655. Thank you for your assistance. Sincerely, Greeley Campus Michael Kelly 5401 W 20th s: Chief Administrative Officer Greeley Co 80634 970 330 8005 Intergovernmental Agreement- SROs www.aims.:,'.: c: David Laurence SG Qeug 7-446 2010-2834 INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY SHERIFF'S OFFICE AND AIMS COMMUNITY COLLEGE FOR A CAMPUS POLICE 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 Sheriff's Office), and Aims Community College. WITNESSETH: WHEREAS, the Weld County Sheriffs Office, Aims Community College, and the community are significantly impacted by the demands placed upon them to address incidents and situations directly or indirectly related to students and the college,and WHEREAS, the problems of safety, alcohol and substance abuse, gang involvement, and other crime related problems which negatively affect the community and the college can best be addressed in a proactive and preventive manner,and WHEREAS, the Weld County Sheriffs Office and the Aims Community College desire to create a college resource officer program to provide a college-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 College Resource Officer shall be assigned to work with the administration faculty, and students of Aims Community College, 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 college. 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, GOO-a8.3 community responsibility for students and other groups associated with the college. 4. As requested by college 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 college. 10. Attend college-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-college-community relation efforts, especially as these efforts relate to students and faculty. I1. PROGRAM ADMINISTRATION A. Employment. The College 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 Aims Community College, 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 Sheriffs Office, or are not in conflict with federal, state or municipal laws. B. Salary and Benefits. The College Resource Officer will receive salary and employee benefits and normally issued equipment and supplies from the Weld County Sheriffs Office. The College Resource Officer Program is funded by the Weld County Sheriff's Office and Aims Community College. 2 C. Schedule. The College 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 College Resource Officers will provide coverage 5 days a week for 15 hours per day from 7:00 a.m. - 10:00 p.m. during times when the college is open. During periods listed in Schedule A when the college is closed,the College Resource Officer will not be assigned to the college. In the event of an emergency, as determined by the Weld County Sheriff s Office,the College Resource Officer may be required to perform general law enforcement duties. The College Resource Officer shall attend in-service training conducted by the Weld County Sheriffs Office scheduled throughout the year. D. Supervision. The College 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 Sheriffs Office supervisors. The assigned Weld County Sheriffs Office supervisor will be responsible for maintaining contact with the college administration. The College Resource Officer will work closely with the college administration and faculty to deteiiiiine the most effective use of the officer's time and expertise, but shall not be subject to the supervision or direction by the Aims Community College, its officers, agents or employees. E.Performance Appraisal. The College 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 colleges' designee(s). F. Vehicle. The College 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 Aims Community College and general liability and professional coverage of Weld County Sheriffs Office in the minimum amount of Colorado Govemmental 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 Aims Community College. Such evidence shall be approved by each recipient prior to the cool_tencement of this agreement. H. Termination. This agreement may be terminated without cause by either the Weld County Sheriffs Office or Aims Community College upon 30 days' written notice Upon termination,any funds provided by the Aims Community College shall be prorated and returned to the college. 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. 3 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 or shall be construed as in any way establishing the relationship of co-partners or a joint venture between the Weld County Sheriffs Office and Aims Community College or as construing the college, including its officers, agents,volunteers and employees, as an agent of the Weld County Sheriffs Office. Aims Community College shall not represent that the College Resource Officer is an employee or agent of the college in any capacity. The College Resource Officer shall not represent that he/she is an employee or agent of Aims Community College in any capacity. The College 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 gives or allows any claim, benefit, or right of action by any third person not a party hereto. Any person other than the Weld County Sheriff s Office or Aims Community College 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 Aims Community College underthe 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, 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. Payments for Services. Aims Community College shall pay TWO HUNDRED AND FOUR THOUSAND, FOUR HUNDRED AND THIRTEEN AND 44/100 DOLLARS ($204,413.44), hereinafter, the "Contract Amount", to the Weld County Sheriff's Office for the services provided pursuant to this agreement for the one year period beginning January 6, 2011,and ending January 6,2012. The Weld County Sheriffs Office will prepare and send a statement to Aims Community College on or before the tenth (loth) day of the month following the month for which the services are provided. Aims Community College 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 6th day of January,2011,and shall continue through the 6th day of January,2012. The Weld County Board of County Commissioners on behalf of the Weld county Sheriffs Office. 4 may, at its sole discretion, extend the contract 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. a EXCUTED THIS-DAY OF/UDdehther ,20/O . 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: I • CLERK TO THE BO Sei 1%61 By DeputyClef' 14 i%A4CiBY:� Doug 1._ Rademac r , Chairman NOV 242010 APPROVED AS TO FORM: APPR VED AS T TO SUBSTANCE: i ICJ By: , '161- 10-ce, By: 1k� �J V Jo Cooke, Weld County / I-551: Weld County Attorney S riff AIM C MUNITY COLLEGE Title: cfz,S, l cv.4t- 5 O,7O/e - aa735 SCHEDULE A Aims Community College is closed during the following periods: January 17,2011 Martin Luther King May 30,2011 Memorial Day July 4, 2011 Independence Day September 5, 2011 Labor Day November 23 - 25,2011 Thanksgiving December 26 - 30, 2011 Christmas 6 Hello