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Home My WebLink About20152294.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES AND AUTHORIZE CHAIR TO SIGN - SCHOOL DISTRICT RE-1 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 School Resource Officer Services 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 School District RE-1, commencing August 10, 2015, and ending June 2, 2016, 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 School Resource Officer Services 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 School District RE-1 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 27th day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d4tite.4) ti- eA B rbara Kirkmeyer, hair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: 44,60 l�)y Clerk to the Board 010,�.. ` �,�`Sean P. Con—y APP: • c'' D A - - .R l ; 0`�C��,Le I., � lie A. Cozad my Attorney Vr ® ' ## /��2o'LP -rte 'S Steve Moreno Date of signature. if-, •0 C C. km)8/17 20SO0036 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: 2015 WELD RE-1 LE SERVICES AGREEMENT DEPARTMENT: Weld County Sheriff's Office DATE: 07/20/15 PERSON REQUESTING: Captain Alan Caldwell Brief description of the problem/issue: The LE former agreement between Weld County and RE-1 was revised to reflect new business practices and pricing as discussed during the work session with the BOCC on 05/26/15. The revised agreement was mailed to the school district. The agreement was signed and returned by RE-1 indicating their acceptance of the new terms. The former agreement with RE-1 expired on July 15, 2015. A work session was held on 07/20/15 with the BOCC, representatives from RE-1 and officials from Platteville and LaSalle. All parties express their desire to avoid a lapse in SRO coverage. The BOCC expressed their expectation that RE-1, Platteville and LaSalle would communicate a plan for assuming SRO responsibilities in LaSalle, Gilcrest and Platteville no later than the last Wednesday of October 2015 (10/28/15). At that time the BOCC will determine if the agreement should be continued. A copy of the proposed signed agreement is being submitted to the BOCC for consideration. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Approve the agreement: This will allow WCSO to provide SRO services starting on August 2016 while RE-1, Platteville and LaSalle draft a plan for assuming SRO responsibilities in LaSalle, Gilcrest and Platteville. This option avoids a lapse in coverage while the plan is drafted. 2. Not approve the agreement: This would prevent WCSO from providing services. Recommendation: Approve the agreement. Approve Schedule • Recommendation Work Session Other/Comments: Barbara Kirkmeyer,Chair Mike Freeman Sean P.Conway Julie Cozad 2015-2294 Steve Moreno INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY BOARD OF COMMISSIONERS ON BEHALF OF THE WELD COUNTY SHERIFF'S OFFICE AND WELD COUNTY SCHOOL DISTRICT RE-1 FOR SCHOOL RESOURCE OFFICER SERVICES THIS Intergovernmental Agreement(hereinafter"IGA") is made by and between the Board of County Commissioners of Weld County (hereinafter"County") by and on behalf of the Weld County Sheriff's Office, (hereinafter"WCSO"), and Weld County School District RE-1 (hereinafter 'RE-1")(collectively the "Parties"). WITNESSETH: WHEREAS, WCSO, RE-1, 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 safety, alcohol and substance abuse,gang involvement, and other crime related problems which negatively affect the community and the school can best be addressed in a proactive and preventive manner, and WHEREAS, County, WCSO, and RE-1 desire to continue the existing School Resource Officer program to provide a school-based approach to the development of a positive relationship between students and peace officers, 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 the mutual covenants and agreements below appearing,the Parties agree as follows: I. DEFINITIONS The following terms shall be defined as follows for purposes of this IGA: 1. SRO: School Resource Officer. A Colorado certified peace officer employed as a deputy sheriff by County and WCSO. 2. School Year: The period of time beginning in mid-August when students first attend school and continuing through the last day students are in attendance at school in late May. By way of example,the School Year for 2015-2016 shall be defined as beginning August 10, 2015,and running through June 2, 2016. 1 II. IGA TERM 1. INITIAL TERM AND AUTOMATIC RENEWAL. The initial term of this IGA shall be from August 1,2015,and continue through July 31, 2016, unless sooner terminated pursuant to Section V of this IGA. Subsequent to the initial term,this IGA shall automatically renew for one year terms beginning August 1 of each year and ending July 31 of the next year, unless any party to this IGA provides written notice of its intent to not renew this IGA sixty days prior to the automatic renewal. 2. CHANGE IN COST FOR SERVICES UPON RENEWAL. Any renewal term of this IGA may be subject to changes in the Cost for Services as set forth in Section IV of this IGA. Should a change in the Cost for Services be determined by County and WCSO, WCSO shall notify RE-I in writing of the proposed revised Cost for Services at least ninety days prior to the end of the then current term. Any modification-of the Cost for Services shall be memorialized as a written amendment to this IGA. III. SCOPE OF SRO SERVICES 1. SRO SERVICES. WCSO shall assign three SROs to work with the administration, faculty, and students of the Platteville, Gilcrest, and LaSalle campuses. The SROs shall provide the following services during the School Year subject to the conditions set forth in Section 11I(2)and other qualifying terms set forth in this IGA: A. Assist in the prevention and control of crime and disorder on the campus and in the immediate area of the school. B. Conduct or assist in the investigation of offenses on campus. C. 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 school. D. As requested by school staff,provide instructional resources for classroom presentations as time permits. E. Enforce state statutes and county codes as appropriate. F. Appear in court and assist in prosecution and other judicial processes as appropriate. G. Assist in the coordination of efforts of other enforcement agencies on the campus. H. Provide visible presence on the campus. 2 I. Assist security personnel with appropriate monitoring and enforcement in the parking lots and other assets of the school. J. 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 presentations,public meetings, and sporting events, etc. This will not replace security and off-duty work already in place. K. Contribute to the positive police-school-community relation efforts, especially as these efforts relate to students and faculty. L. At the request of RE-1, additional functions may be provided at the sole discretion of WCSO on a one time or continuing basis. In no case, shall WCSO be bound under this IGA to provide any additional requested function not listed herein and WCSO may discontinue any such additional function once provided at any time thereafter. 2. WORK SCHEDULE. Each SRO will work a schedule consistent with WCSO ordinances,policies,procedures and subject to the Fair Labor Standards Act. Except as otherwise provided in this IGA, each SRO shall work a schedule mutually established among the Parties. The obligation of County and WCSO to provide the services set forth in Section III(1) is subject to the following terms: A. During times when an SRO is absent due to illness or utilization of benefits, County and WCSO shall not be required to provide services pursuant to this IGA. B. Except for the services described in(B) and (F)of above Section III(1), County and WCSO shall not be responsible for providing services pursuant to this IGA during spring break, holiday breaks and other days when school is not in session. During times when an SRO is not responsible for providing services pursuant to this IGA, or when an SRO is not scheduled to provide services, WCSO reserves the right to assign duties to such SRO. C. Each SRO shall be required to attend training mandated by WCSO scheduled throughout the year. During such training, County and WCSO shall not be required to provide services pursuant to this IGA. D. In the event of an emergency, as reasonably determined by WCSO, one or all SROs may be required to perform general law enforcement duties. County and WCSO shall not be obligated to provide the services pursuant to this IGA until such emergency ends. 3. SRO SUPERVISION. Each SRO is subject to WCSO chain of command and the supervision of the assigned WCSO supervisor(s). Day to day supervision will be assigned to the WCSO supervisor(s). The assigned WCSO supervisor(s)will be responsible for maintaining contact with the school administration. Each SRO will 3 work closely with the school administration and faculty to determine the most effective use of each SRO's time and expertise. At no time,however, shall any SRO be subject to the supervision or direction of RE-1, or its officers, agents, or employees. Each SRO will comply with the policies and regulations of RE-1 to the extent that such policies and regulations are not in conflict with those of WCSO, are not in conflict with other terms contained herein or direction of WCSO,and are not in conflict with federal, state, or municipal laws. 4. PERFORMANCE APPRAISAL. Each SRO's performance will be evaluated consistent with WCSO policy and procedures by the assigned supervisor and will accept input from the schools' designee(s). 5. VEHICLE. WCSO shall provide each SRO with a WCSO vehicle for on-duty use during the term of this IGA. IV. COST AND PAYMENT FOR SRO SERVICES 1. COST FOR SRO SERVICES. In exchange for the services provided by the three SRO as described in this IGA, RE-1 shall pay$242,631.00 to County for the SRO services provided during the School Year,or as modified in Section II(2) in subsequent renewal terms. The cost for SRO services set forth in this IGA is calculated to cover the costs incurred by County and WCSO for wages, benefits, uniforms, equipment, and training,and accounts for time when services need not be provided pursuant to Section III(2). 2. BILLING AND PAYMENT. Payment of the$242,631.00,or as modified pursuant to Section I1(2)for subsequent renewal terms, shall be divided into 9 equal payments. The first payment shall be received by County by the last day of September. Each payment thereafter shall be received by County by the last day of each succeeding month with the final payment received by the last day of May. If payment from RE-1 is not received as described, WCSO may in its sole discretion terminate all service under this IGA. Upon such termination all amounts due to County for services prior to the date of termination,as appropriately pro-rated, shall be paid to County by RE-1 within 30 days of termination. V.TERMINATION This IGA may be terminated without cause by any of the Parties upon 60 days written notice to all other parties as set forth in Section VI(6). Upon termination all amounts due for services provided prior to the date of termination,as appropriately pro-rated,shall be paid to County by RE-1 within 30 days of termination. 4 VI.ADDITIONAL TERMS 1. EMPLOYMENT STATUS AND RELATIONSHIP OF PARTIES. The SRO shall at all times during the term of this IGA be considered an employee of County and WCSO and shall maintain the status of independent contractor with respect to RE-1. The SRO will be subject at all times during the performance of this IGA to the ordinances,policies,procedures, rules, regulations, directives, and orders of County and WCSO. Furthermore, it is mutually agreed and understood that nothing contained in this IGA is intended,nor shall be construed in any way,to establish the relationship of co- partners or a joint venture between the County, WCSO, and RE-1. It shall also not be construed that RE-1, including its officers, agents, volunteers and employees, are employees or agents of the County or WCSO. RE-1 shall not represent that the SRO is an employee or agent of the school or town in any capacity. The SRO shall not represent that he/she is an employee or agent of RE-1 in any capacity. 2. HOLD HARMLESS. Each party to this IGA shall be responsible for its own acts and/or omissions and those of its officers, employees and agents in the performance of this IGA.No party to this IGA shall be responsible for the acts and/or omissions of entities or individuals not a party to this IGA. 3. PROOF OF INSURANCE. All parties to this IGA shall maintain general liability insurance during the term of this IGA for protection from claims for bodily injury, death,property, damage, and personal injury which may arise through the execution of this IGA. Upon request any party shall provide a copy of such general liability coverage then in effect to the requesting g q g 4. ATTORNEY'S FEES. In the event of litigation or other action brought to enforce the terms of this IGA,each party shall bear its own attorneys fees and costs. 5. ENTIRE AGREEMENT. This IGA 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 IGA. Amendments of this IGA may be made only in writing and signed by all Parties hereto. 6. THIRD PARTY BENEFICIARIES. None of the terms or conditions in this IGA give or allow any claim, benefit,or right of action by any third person not a party hereto. Any person or entity other than County, WCSO, and RE-I receiving services or benefits under this IGA is an incidental beneficiary. 7. NOTICES. Any notice provided for in this IGA 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. Additionally, notice 5 shall be sent by email. Any notice mailed and/or served as set forth above, shall be deemed delivered and effective upon receipt or delivery. If to Weld County/WCSO: Lieutenant Todd Deutsch Weld County Sheriff's Office 1950 O Street Greeley, CO 80631 970-356-4015, ext. 2837; tdeutsch@co.weld.co.us If to RE-1: Superintendent of Schools Weld County School District RE- 14827 «SCR 42 PO Box 157 Gilcrest, CO 80623 PHONE: EMAIL: 8. NON-WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this IGA shall be construed 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 currently exists or hereafter amended. IN TNESS WHEREOF,this IGA is hereby EXECUTED THIS 1,27 DAY OF , 2015. ATT ST: d ) •t1 CLERK TO THE BOAR 1E • By _ .% _�..��tti►i,.-�t^; j` �� Deputy Cl k •..; .► r arbara Kirkmey t, Chairm n citt272015 APPROVED AS TO F 1 APPROVED AS TO SUBSTANCE: By: By: IL Bruce T. Barker Steve Reams, Weld County Attorney Weld County Sheriff APPROVED AS TO FUNDING: Controller , r . WELD COUNTY SCHOOL DISTRICT RE-1: By: gpJ. W,Xdzzlja)-‘-cL_ �1a (*./L5 , Superintendent 7 Hello