HomeMy WebLinkAbout20080682.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 Sheriff's Office, and Weld
County School District RE-3J, commencing upon full execution, 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 Sheriffs 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 27th day of February, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LS
e
J �_ q • �. Jerke, Chair
Weld County Clerk to the Board \`
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BY: fir ��fv aj , ' } Rate •I S� P Q Tem
Deputy Clerk to the Board s _7( /C/
1NiHtam . Garcia
APP ED AS FORM: EXCUSED
avid E. Long /J
ounty Attorney
Dougla Radema er
Date of signature: -� -
2008-0682
SO0029
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
SHERIFF'S OFFICE AND WELD COUNTY SCHOOL DISTRICT 3-J FOR A
JOINT SCHOOL RESOURCE 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 Sheriffs Office (hereinafter referred
to as Weld County Sheriffs Office), and Weld County School District RE-3(J).
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 delinquency, alcohol and substance abuse, gang
involvement, and other youth related problems which negatively affect the community
and the schools can best be addressed in a proactive and preventive manner; and
WHEREAS,the Weld County Sheriff's Office and 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 prevention of
delinquency, alcohol and substance abuse, and gang involvement by our community's
young people; 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 delinquency;
NOW, THEREFORE, FOR AND INCONSIDERATION of covenants and agreements
below appearing, the parties agree as follows:
I.
SCOPE OF SERVICES
A. A certified police officer employed by the Weld County Sheriff, 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, delinquency, truancy and disorder
on the campus and in the immediate area of the school if students are involved.
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
37Co8.. C6 8vl
orientation, delinquency prevention, gang involvement and awareness,
community responsibility for students, parents and other groups associated with
the school.
4. As requested by schools' staff, provide instructional resources for classroom
presentations as time permits.
5. Enforce state statutes 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 campus monitors with appropriate monitoring and enforcement in the
parking lots and other grounds of the school district.
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
school dances and sporting events, etc. This type of adjustment is generally
reserved for the Junior/Senior high schools.
11. Contribute to the positive police-school-community relation efforts, especially as
these efforts relate to students and parents.
II.
PROGRAM ADMINISTRATION
A. Employment. The School Resource Officer shall be a regular employee and
certified police officer of the Weld County Sheriff's Office. The officer 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 School District,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 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 Sheriffs 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 Sheriff's Office ordinances policies, procedures and subject to the
Fair Labor Standards Act. Except as otherwise provided in the agreement,
during times when the school is in session, the School Resource Officer will
devote such officer's full shift to the school calendar day, except for required
duties such as court appearances. During the schools summer vacation, spring
break, holiday breaks, and on other days when school is not in session, and the
officer is not involved in assigned school-related activities, the School Resource
Officer will be assigned to 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 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 Sheriffs 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
Principals, school administration, and their management staffs. The School
Resource Officer will work closely with school administrators 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 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'
principals or their designees.
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 Sheriffs Office risk management and
school district superintendent. 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 the Weld County School District RE-3(J)
upon 30 days' written notice. Upon termination, any funds provided by the
school district shall be prorated and returned to the school district. Notice shall
be given to the Weld County Sheriffs Office Commander or the School
District Superintendent 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 both of the 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 Weld County
School District RE-3(J)or as construing the School District, including its
officers, agents, volunteers and employees, as 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 district 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 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 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 School District 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.
III.
TERM OF CONTRACT
The term of this agreement shall be for one year, beginning on the }}Q relay of Fe bl “�,
200'x, and shall continue through theb9 day of P-S,n , 200?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 statute,
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 d7 DAY OF Arad ry ,20 08 .
P cson Person William H. Jerke, Chair
Address for Notice: Address for Notice:
P.O. Box 269 P.O. Box 758
Keenesburg, CO 80643 Greeley, CO 80632
Person441
Address for Notice WEST: .'•" ,l>'
1 7e�r!
WELD COUNTY CLERK TO T
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