HomeMy WebLinkAbout20152937.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE
OFFICER SERVICES AND AUTHORIZE CHAIR TO SIGN-THE TOWN OF MEAD AND
SAINT VRAIN VALLEY SCHOOL DISTRICT
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, the Town
of Mead and Saint Vrain Valley School District, commencing August 1, 2015, and ending July 31,
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, the Town of Mead and Saint
Vrain Valley School District 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 9th day of September, A.D., 2015, nunc pro tunc August 1, 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, CO RADO
ATTEST: ItivQC arbara Kirkmeyer, air
Weld County Clerk to the Board / ,,,V U A4014�4_1 o
Mike Freeman ro-Tem
BY: A /. /. • /-� �---,
►Y�•uty Clerk to th Board /' ,�1 L/� -�� P. .nway��1 c )
, ,
APPROVED AS TO FORM: :�.��., - �/ /
", ' ,,�, •� Coza
County Attorney
Steve Moreno
Date of signature: 311'-/
2015-2937
0_,C:SO 45 SO0036
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: 2015 WELD ST VRAIN SCHOOL DISTRICT MEAD SRO SERVICES AGREEMENT
DEPARTMENT: Weld County Sheriffs Office DATE: 09/04/15
PERSON REQUESTING: Lt Todd Deutsch
Brief description of the problem/issue:
The former SRO agreement between Weld County, Town of Mead and the St. Vrain School District 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 and the Town. The agreement was signed
by the School District and the Town indicating their acceptance of the new terms. As in previous years, the
School District and the Town will share the expense of the SRO service provided by the Sheriff's Office.
The agreement allows for the Sheriffs Office to provide one Deputy Sheriff to serve as the School Resource
Office in the Mead Schools.
The BOCC has already entered into similar agreements with RE-1 and RE-3J that reflect the new pricing and
business practices discussed during the work session. This is the last SRO agreement to be submitted to the
BOCC for the 2015-2016 school year.
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.
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
Steve Moreno 2015-2937
DOD3tp
INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
BOARD OF COMMISSIONERS ON BEHALF OF THE WELD COUNTY
SHERIFF'S OFFICE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT AND
THE TOWN OF MEAD 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 the St. Vrain
Valley School District (hereinafter "St. Vrain") and the Town of Mead (hereinafter
"Mead")(collectively the "Parties").
WITNESSETH:
WHEREAS, WCSO, St. Vrain, Mead, 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, St. Vrain, and Mead 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 19, 2015, and running through May 25, 2016.
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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 St. Vrain and Mead 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 Mead High School,Mead Middle School, and Mead
Elementary School. The SRO shall provide the following services during the School
Year subject to the conditions set forth in Section III(2) and any 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.
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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 St. Vrain and Mead, 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 1II(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. 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
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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 St. Vrain, Mead, or their officers, agents,
or employees.
The SRO will comply with the policies and regulations of St. Vrain and Mead 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
I. COST FOR SRO SERVICES. In exchange for the services provided by the SRO as
described in this IGA, St. Vrain and Mead agree to be jointly and severally
responsible for the payment of$80,877.00 or as modified in Section II(2) in
subsequent renewal terms, to County 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. Payment of the $80,877.00, or as modified pursuant
to Section II(2) for subsequent renewal terms, shall be divided into 9 equal payments.
Each of the 9 equal payments shall be further divided into 2 equal parts solely for
billing purposes and WCSO shall send invoices for each equal part to St. Vrain and
Mead. 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 St. Vrain or Mead is not received as described, WCSO may in its sole discretion
terminate all services 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 WCSO by St. Vrain or Mead 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
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amounts due for services provided prior to the date of termination, as appropriately
pro-rated, shall be paid to County by St. Vrain or Mead 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 St.
Vrain and Mead. 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 ajoint venture between the County, WCSO, St. Vrain, or Mead. It shall
also not be construed that St. Vrain or Mead, including their officers, agents,
volunteers and employees, are employees or agents of the County or WCSO. St.
Vrain and Mead 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 St. Vrain or Mead 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.
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, St. Vrain or Mead receiving
services or benefits under this IGA is an incidental beneficiary.
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7. NOTICES. Any notice provided for in this IGA shall be in writing and shall be
served by personal delivery or b certified mail,return receipt requested,postage
byP q �P ge
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;tdeutsch@co.weld.co.us
If to Si.Vrain: Stacy Davis, Security Manager
St. Vrain Valley School District
395 S. Pratt Pkwy
Longmont,CO 80501
303-682-7207;davis stacy@svvsd.org
If to Mead: Dan Dean,Town Manager
Town of Mead
441 3rd Street
Mead, CO 80542
970-535-4477;ddean@townofinead.org
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.
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WITNESS WHEREOF,this IGA is hereby EXECUTED THIS 1 DAY OF
2015.
ATTES addo:eA
CLERK TO THE BOARD
By: �► �..1.�� Afih t i` '�. .�ri��.!�! 1 . �_L!t _,
De Clerk `''�' ' SEP 0.9 2015
p ty :•�; ��: :rbara Kirkmeyer, hairman
APPROVED AS TO FO 1'`� PPROVED AS TO SUBSTANCE:
By: By:
Bruce Barker Steve earns,, 14177
Weld County Attorney Weld County Sheriff
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A015O931
APPROVED AS TO FUNDING:
Controller
St.Vrain Valley School District RE-1J:
By:
Don Haddad,Superintendent
Town of Mead:
By: Oa, 0.ee_
Dan Dean,Town Manager
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