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HomeMy WebLinkAbout20080897.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 7, 2008, and ending January 6, 2009, 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 24th day of March, A.D., 2008, nunc pro tunc January 7, 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: "\, I •`v`: � H. Jerke, Chair `�1 Weld County Clerk to the Board ia•�. (it .-:e Pro-Tem • Deputy erk to the Board � `=,! h ✓ - William F. Garcia AP VED ST - . EXCUSED David E. Long unty Attorney kir Doug Rademach r Date of signature: 9-7t 2008-0897 S00029 (I 5O(( 5) 0�{46/0� • 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 Weld County Sheriffs Office and Aims Community College. 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 are jointly developing 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 INCONSIDERATION of covenants and agreements below appearing, the parties agree as follows: I. SCOPE OF SERVICES A. The 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. o 3. Provide presentations and available educational resources in the following areas: ; alcohol and substance abuse, law-related education, criminal justice system T} -+ orientation, safety, crime prevention, gang involvement and awareness, community responsibility for students and other groups associated with the s college. - slid -6'99 di 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 Sheriffs Office. The deputy will be subject to the ordinances, policies, procedures, rules, regulations, directives, and orders of the Weld County Sheriffs 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 on 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 Sheriffs 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, during times when the college is in session, the College Resource Officer will devote such officer's full shift to the college calendar day, except for required duties such as court appearances. Half time College Resource Officers will devote half of the officer's work week to the college calendar day. During the college's semester breaks, spring break, holiday breaks, and on other days when school is not in session, and the officer is not involved in assigned college- related activities, the College Resource Officer will be assigned to duties in the Weld County Sheriff's Office. 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 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 Sheriff's 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 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 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 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 agreement of the parties. 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 Sheriff's 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 Sheriff's 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 Sheriffs 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. III. TERM OF CONTRACT The terms of this agreement shall begin Tan, 7, :EGG 8 and shall continue through :Fly,. G,,,)0o 9. 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. etseq. 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 1 1 DAY OF /11 aY ch ,20O 8r . )cci.,_ Signature Dr. Marilynn ""Marsi" Liddell Weld County Sheriff's Office , Aims Community College by and through the Board of County Commissioners William H. Jerke, Chair 4/2008) �rra�T ' ', WE k. .LINTY CL-RK TO THE BOAPD 1O is 1 j.)._� :.Y as 1" 9` i- Hello