HomeMy WebLinkAbout20090272.tiffRESOLUTION
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, 2009, and ending January 6, 2010, 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 Sheriff's 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 2nd day of February, A.D., 2009, nunc pro tunc January 6, 2009.
ATTEST:
Wel ounty Clerk to the
BY-
APPROVED
Depu Clerk . the Board
FORM:
ounty Attorney
Date of signature. Di' /C�
BOARD OF COUNTY COMMISSIONERS
WEL'. O 'l► OLORADO
Douglas y adema. er, Pro-Tem
Sean P. Conway
dALJA
arbara Kirkmeyer
EXCUSED
David E. Long
t�C s C i 61.-&
2009-0272
SO0030
Community College
January 23, 2009
Kim Fliethman
Weld County Sheriff's Office
1950 "O" Street
Greeley, CO 80631
Subject: ContractiAgreement 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 copies and return one to:
Carol J. Hoglund, Chief Business 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 you have questions, please contact my office at (970) 339-6655. Thank you for your
assistance.
Sincerely,
Carol J. Hoglund
Chief Business Officer
Campus Police Officer Agreement
c: Jeff Smith
Greeley Campus
5401 W 20th St
Greeley CO 80634
970 330 8008
www.aims.edu
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
SHERIFF'S OFFICE AND AIMS COMMUNITY COLLEGE FOR A CAMPUS
POLICE OFFICER PROGRAM
THE 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), and Aims Community College.
WHEREAS, the Weld County Sheriff's 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 Sheriff's 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,
community responsibility for students and other groups associated with the
college.
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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.
II
PROGRAM ADMINISTRATION
A. Employment. The College Resource Officer shall be a regular employee and
certified peace officer of the Weld County Sheriff Office. The deputy will be
subject to the ordinances, policies, procedures, rules, regulations, directives, and
orders of 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 Sheriff's
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 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.
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 7am — 10pm
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 Sheriff's 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
Sheriff's Office supervisors. The assigned Weld County Sheriff's 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 determine 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 Sheriff's 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 Sheriff's 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 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 and Aims Community College. 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 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 shall be given to the Weld County
Sheriff's Office Commander or the Aims Community College designee as
appropriate.
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 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 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, 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 Sheriffs Office for the services provided
pursuant to this agreement for the one year period beginning ThNvve y 6 , 2009,
and ending ,Tmrc.tar L ,2010. The Weld County Sheriffs Office will prepare and
send a statement to Aims Community College on or before the tenth (10th) 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 (o day of
7Aivu , 2009, and shall continue through the G day of PIA/tin cr, 2010.
The We�ounty Board of County Commissioners on behalf of the Weld county
Sheriffs Office, may, at its sole discretion, extend the contract for up to two (2)
additional one year periods.
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 2nd DAY OF February
Person William F. Garcia
Chair, Board of County
Commissioners
02/02/2009
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Address for Notice:
,2009 .
Person
Address for Notice:
&o09- oa 7q
Schedule A
Aims Community College is closed during the following periods:
January 1-2, 2009 New Year
January 19, 2009 Martin Luther King
May 25, 2009 Memorial Day
July 2-3, 2009 Independence Day
September 7, 2009 Labor Day
November 25-27, 2009 Thanksgiving
December 21-25, 2009 Christmas
January 1, 2010 New Year
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