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HomeMy WebLinkAbout20252840.tiffResolution Approve Memorandum of Understanding for Law Enforcement Peace Officer Standards and Training (POST) Academy Certification, 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 a Memorandum of Understanding for Law Enforcement Peace Officer Standards and Training (POST) Academy Certification 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 Aims Community College, commencing January 1, 2026, and ending December 31, 2026, with further terms and conditions being as stated in said memorandum of understanding, and Whereas, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding for Law Enforcement Peace Officer Standards and Training (POST) Academy Certification 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 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 memorandum of understanding. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 20th day of October, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc: SoCJA /Tin 2025-2840 SO0046 Conhvac+ (1)#'q9 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Aims POST Memorandum of Understanding - 2026 DEPARTMENT: Sheriffs Office DATE: 10/10/25 PERSON REQUESTING: Lieutenant Jerry Aguirre Jr, Sheriff Steve Reams Brief description of the problem/issue: The Sheriffs Office requests consent to enter into a Memorandum of Understanding with Aims Community College so ensure the enrollment of 10 students per year into the Aims Peace Officer Standardize Training (POST) program. Weld County Legal has already reviewed the document prior to submission to Aims in November of 2024, who has authorized it by signature and needs approval from the Weld County Board of County Commissioners. What options exist for the Board? Support the MOU, which ensures a commitment by Aims to enroll 10 students per year selected by the Sheriffs Office or decline the MOU. Consequences: Declining of MOU would create less predictability for the Sheriffs Office to enroll set numbers of students each calendar year, with enrollment numbers dictated by Aims open enrollment slots. Support of the MOU ensures a minimum number of slots provided to the Sheriffs Office each year. Impacts: Allows the Sheriffs Office to budget expenses and manpower costs more effectively. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): No new costs due to MOU, expenses for enrollment is already allocated in 2026 Sheriffs Office Budget. Recommendation: The Sheriffs Office Recommends Support of the Aims POST MOU. Support Recommendation Schedule Place on BOCC Mends Work Session Other/Comments: Perry L. Buck, Chair Scott K. James, Pro-Tem Jason S. Maxey Lynette Peppier Kevin D. Ross 6;O Tem ([ r out � Ott►ce- 2025-2840 10/Z0 30 004(0 MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY SHERIFF'S OFFICE AND AIMS COMMUNITY COLLEGE THIS MEMORANDUM OF UNDERSTANDING is entered into this 6th day of October , 2025, by and between the Board of County Commissioners, on behalf of the Weld County Sheriffs Office, hereinafter referred to as "WCSO," AIMS Community College hereinafter referred to as "AIMS". Purpose The purpose of this Memorandum of Understanding (MOU) is to specify the expectations and requirements of each party in the Sheriff's Office utilization of the AIMS POST Academy for getting deputies certified to be peace officers. Term of this Memorandum of Understanding This Memorandum of Understanding ("MOU" or "Agreement") shall be effective beginning January 1, 2026, through December 31, 2026. Roles and Responsibilities . WCSO will: a. Pay AIMS for tuition and fees for WCSO sponsored attendees who are attending the POST Academy. b. Provide WCSO sponsored attendees with all necessary equipment and supplies. c. Meet with Academy staff, when requested, for updates and to mitigate problems. d. Notify AIMS by a deadline prescribed by AIMS, of any academy seats that will not be filled, so AIMS can open those seats to other agencies or prospective students. 2. AIMS will: a. Reserve five (5) seats in the spring academy and five (5) seats in the fall academy for WCSO sponsored attendees. b. Provide, at a minimum, monthly updates to the WCSO. i. Updates may be conducted either in person or via email. ii. Updates will include WCSO sponsored attendees' progress, attendance issues, or performance concerns. c. Notify WCSO of any changes to the tuition and fees when those changes are enacted. Modifications. This Agreement may be modified in writing, in whole or in part, upon approval of the signers. Termination. This Agreement may be terminated at any time by either party giving thirty (30) days written notice to the signers. No portion of this MOIJ shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated, as this MOU is subject to the availability of funding. Therefore, the WCSO may terminate this MOU at any time if the source of funding for the services made available to AIMS is no longer available to the WCSO, or for any other reason. AIMS reserves the right to suspend services to clients if funding is no longer available. Entire Agreement. This MOU contains the entire agreement and understanding between the parties with respect to the subject matter hereof and may not be changed or modified except as stated herein. This MOU shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. AIMS and the WCSO may not assign any of its rights or obligations hereunder without the prior consent of both parties. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this MOU shall bean incidental beneficiary only. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act $$24-10-101 et seq., as applicable now or hereafter amended. Independent Contractor. AIMS agrees that it is an Independent Contractor and that AIMS's officers, agents or employees will not become employees of the WCSO, nor entitled to any employee benefits from the WCSO as a result of the execution of this MOU. AIMS shall perform its duties hereunder as an Independent Contractor. AIMS shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this MOLT. AIMS, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through the WCSO and the WCSO shall not pay for or otherwise provide such coverage for AIMS or any of its agents or employees. Unemployment insurance benefits will be available to AIMS and its employees and agents only if such coverage is made available by AIMS or a third party. AIMS shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this MOU. Severability. If any term or condition of this MOU shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this MOU shall be construed and enforced without such provision, to the extent that this MOU is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTE3VAi � BY: BOARD OF COUNTY COMMISSIONERS Cler to the Board WE D COUNTY, COLORADO eputy Clerk to the Dr David Oehler, VP Academic Affairs uck, Chair OCT 2 ® 66E0 Oettet David Oehler (Oct 7, 202517:09:00 MDT) By: Date: 11 2025-28 40 tract Entity Information Entity Name* AIMS COMMUNITY COLLEGE Contract Name * 2026 AIMS POST MOU Contract Status CTB REVIEW Entity ID* @00000167 Q New Entity? Contract ID 9996 Contract Lead* TMATTHEWS Contract Lead Email tmatthews@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* 2026 MOU WITH AIMS COMMUNITY COLLEGE TO RESERVE 5 SEATS EACH FOR THE WCSO AT THE SPRING AND FALL ACADEMY. Contract Description 2 Contract Type* Department AGREEMENT SHERIFF Amount* $0.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM-Sheriff@weld.gov Department Head Email CM-Sheriff- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 10/16/2025 10/20/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 01/01/2026 Review Date* 10/01/2026 Termination Notice Period Committed Delivery Date Contact Information Contact Info Renewal Date Expiration Date* 12/31/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head DONNIE PATCH DH Approved Date 10/15/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/20/2025 Finance Approver RUSTY WILLIAMS Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 10/16/2025 10/16/2025 Tyler Ref* AG 102025 Originator TMATTHEWS Hello