HomeMy WebLinkAbout20152175.tiff RESOLUTION
RE: APPROVE INTERGOVERMENTAL AGREEMENT FOR SCHOOL RESOURCE
OFFICER SERVICES AND AUTHORIZE CHAIR TO SIGN - 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
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-3J, commencing August 12, 2015, and ending May 20, 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-3J 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 20th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
`dam .i:
ATTEST:
Barbara Kirkmey r, Chair
Weld County Clerk to the Board
a 31" °r--
Mike Freeman, Pro-Tem
D ty Clerk to the :oar. ���,� . �, /�►`� �"
an P. Conway
APPR• . » AST :
Is61 fill1?�iiN►� �ryR
e Cozad
ounty Attorney
73, i Steve Moreno
Date of signature: il
8//7 2015-2175
SO0036
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: 2015 WELD RE3J LE SERVICES AGREEMENT
DEPARTMENT: Weld County Sheriffs Office DATE: 07/09/15
PERSON REQUESTING: Captain Alan Caldwell
Brief description of the problem/issue:
The LE agreement between Weld County and RE3J 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 RE3J indicating their acceptance of the new terms.
The current agreement with RE3J expires on December 31, 2015. A new agreement was proposed to better
synchronize the agreement time frame with the school year. The new agreement would run August 2015
through July 2016 (like other SRO agreements) and supersede the old agreement. The new agreement honors
the old rate through December 31, 2015, and places the school district on the new rate starting on January 1,
2016.
What options exist for the Board? (Include consequences, impacts, costs,etc. of options)
1. Approve the agreement: This will allow WCSO to continue to provide services starting on January 1,
2016. The new agreement will place RE3J on the same agreement time frame as other SRO agreements.
The new agreement time frame will more closely follow the school year. The new agreement honors the
old rate through December 31, 2015 and charges the new rate starting on January 1, 2016.
2. Not approve the agreement: This would prevent WCSO from providing services after December 31,
2015.
3. Request a revision of the terms contained in the document.
•
Recommendation:
Approve the agreement.
Approve Schedule
Recommendation Work Session Other/Comments:
Barbara Kirkmeyer,Chair C-14
Mike Freeman `CIN`
Sean P.Conway
Julie Cozad
Steve Moreno _ Ivt 2015-2175
Alan Caldwell
From: Alan Caldwell
Sent: Tuesday, July 07, 2015 1:53 PM
To: Jennifer Fuller
Subject: LE Agreement for RE3J
Attachments: 2015 LE SERVICES AGREEMENT SIGNED BY RE3J.pdf
Hi Jennifer:
I am attaching the LE service agreement for RE3J. This is similar to the one from yesterday but for a
different school district. Please let me know if it will go to a work session or consent agenda. I will
drop off the original in your office. Thanks.
Alan Caldwell
Captain -Weld County Sheriffs Office
1950 "O" Street
Greeley, CO 80631
970-356-4015 x 2808
acaldwell( co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
1
INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
BOARD OF COMMISSIONERS ON BEHALF OF THE WELD COUNTY
SHERIFF'S OFFICE AND WELD COUNTY SCHOOL DISTRICT RE-3(J)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-3(J) (hereinafter "RE-3(J)")(collectively the "Parties").
WITNESSETH:
WHEREAS, WCSO, 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 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-3(J)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 August when students first attend
school and continuing through the last day students are in attendance at school in
May. By way of example,the School Year for 2015-2016 shall be defined as
beginning August 12, 2015, and running through May 20,2016.
1
II. IGA TERM
1. INITIAL TERM AND AUTOMATIC RENEWAL. The initial term of this IGA
shall be from January 1,2016, 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-3(J)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 one SRO to work with the administration,
faculty, and students of Weld Central High School. The SRO shall provide the
following services during the remainder of the 2015-2016 School Year during the
initial term of this IGA, and for the entire School Year during subsequent renewal
terms, subject to the conditions set forth in Section III(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.
2
H. Provide visible presence on the campus.
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-3(J), 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. The 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,the 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 the 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 the SRO is not responsible for providing services pursuant to
this IGA,or when the SRO is not scheduled to provide services, WCSO reserves
the right to assign duties to the SRO.
C. The 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,the SRO 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
•
3. SRO SUPERVISION. The 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 assigned WCSO supervisor(s). The assigned WCSO supervisor will
be responsible for maintaining contact with the school administration. The SRO will
work closely with the school administration and faculty to determine the most
effective use of the SRO's time and expertise. At no time,however, shall the SRO
be subject to the supervision or direction of RE-3(J), or its officers,agents, or
employees.
The SRO will comply with the policies and regulations of RE-3(J)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. The 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 the 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 SRO as
described in this IGA, RE-3(J) shall pay$40,439.00 to County for the SRO services
provided during the remainder of the 2015-2016 School Year from January 1,2016
through May 20,2016. For subsequent renewal terms of this IGA,unless changed
pursuant to Section II(2), RE-3(J) shall pay$ 80,877.00 for the SRO services
provided during the School Year. 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.
A. Jan 2016—May 2016 Partial School Year. Payment of$40,439.00 for the
period starting on January 1,2016, and ending on May 20,2016 shall be divided
into 5 equal payments. Each payment shall be received by County by the last day
of each succeeding month with the final payment received by the last day of June
2016. If payment from RE-3(J) 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-3(J)within 30 days of
termination.
4
B. Subsequent Renewal Terms. Payment of the$80,877,or as modified pursuant to
Section II(2), for SRO services provided during 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-3(J) 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-3(J)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-3(J)within 30 days of termination.
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-3(J). 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-3(J). It shall also not
be construed that RE-3(J), including its officers, agents,volunteers and employees,
are employees or agents of the County or WCSO. RE-3(J) 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-3(J) 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 party.
5
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-3(J)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
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 Countv/WCSO: Lieutenant Todd Deutsch
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
970-356-4015,ext. 2837;tdeutschAco.weld.co.us
If to RE-3(J): 61tN A4C1Lkil.el d
Superfrttendent of Schools
Wd County School District RE-3(J)
411
PaQoc. �cS
keg, ,�w� , CO eftz13
PHONE: %S-SJ(,. jay,
EMAIL: j erce,,,kfiLais#e. rt.%
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 W TNESS WHEREOF,this IGA is hereby EXECUTED THIS�Q1DAY OF
•1tt , 2015.
6
I
.
a
/ , /
By : ddritteA) iV, ok B : Atiatt Clerk to the Board a bara Kirkmey ; r, Chairman
JUL202015
ATTEST : se . APPROVED AS TO SUBSTANCE :, 7 ' * lali
By • &jLJt ' : Jt7L
Deputy C (' rk to - e 'lifii:Ir . ` Steve Reams ,Boardr %2 . • a,, ,� Weld County Sheriff
0 1
i, , :V
APP ED AS TO F DI „�,t .
L/4)2
By : L. _ .Q d
Controller
APPROVED AS TO FORM :
WELD COUNTY SCHOOL DISTRICT
ByS RE- 3 (.1 ) :
County Attorney
By :
L '3%1 , Superintendent
7
0,, OL,1/2 `' 012 / 1b .
Hello