HomeMy WebLinkAbout20142413.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT SCHOOL
RESOURCE OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN - WELD
COUNTY 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 the
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-1, commencing August 4, 2014, and ending July 15, 2015,
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 the 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-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 4th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: `� L
.s�w1/ G• .�,C DouglgRademacher, Chair
Weld County Clerk to the Board
, arm EXCUSED
b :arbaraKirkmeyer, Pro-Tern
B t l 1 , f.l•� 1 i� K
Dept Clerk to tie Boar it �,p,, i CUSED
an P. Conway
APPROVED A O ORM: *
/ \ ike Free n
♦ I
At, - ounty A rney
liam F. Garcia
Date of signature: I� \
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Celebrating 153 Years 1861 -2014
John B.Cooke
Sheriff
RECEIVED
Date: Thursday, July 24, 2014
JUL 252014
To: Board of County Commissioners WELD COUNTY
COMMISSIONERS
Re: Contract between The Weld County Sheriff and Weld RE-1 and for School
Recourse officers.
This Contract is an agreement between the Weld County Sheriffs Office and Weld RE-1 to
provide 3 School Resource Officers; one for the Platteville, one for the Gilcrest and one for the
LaSaille campuses.
The contract rate is for $53.24 an hour, 8 hours a day for 162 contact days. The total contract is
for$206, 997.12. This will cover 2.34 Full Time Employees (FTE). The .66 FTE that is
unfunded will be used to cover or eliminate overtime that is currently being covered by current
employees.
The contract is for a single 9 month period. The contract is to be reviewed on a yearly basis
before renewal or re-negotiation.
40rSb
Commander Todd Deutsch
W136
2014-2413
Cc-: 5O(T
Southwest Substation cJ cr Headquarters Southeast Substation
4209 WCR 241/2 L arvrr 19500 Street ! 2950 9th Street
Longmont,Colorado 80504 'ta ^ .. Greeley,Colorado 80631 4, e - Fort Lupton,Colorado 80621
(720)652-2415 ms. (970)356-4015 3 t (303)857-2465
Fax(720)652-4217 d$ent? *'fir Fax(970)304-6467 S Fax(303)637-2422
CT"a.q, Toll Free(800)436-9276
www.we ldshe ri ff.corn
INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
SHERIFF'S OFFICE AND WELD COUNTY SCHOOL DISTRICT RE-1 FOR A
JOINT SCHOOL RESOURCE OFFICER PROGRAM WITH THREE
DEPUTIES.
THIS 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-1.
WITNESSETH:
WHEREAS, the Weld County Sheriffs Office, Weld County School District 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, the Weld County Sheriffs Office and the Weld County School
District RE-1 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 police,
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 covenants and
agreements below appearing, the parties agree as follows:
I.
SCOPE OF SERVICES
Three certified Deputies employed by the Weld County Sheriffs Office, known as
School Resource Officers shall be assigned to work with the administration faculty,
and students of Weld County School District RE-1, and may perform functions
including, but not limited to the following:
1. Assist in the prevention and control of crime and disorder on the campus and in
the immediate area of the school.
2. Conduct or assist in the investigation of offenses on campus.
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3. As requested by school staff, 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.
4. As requested by school staff, provide instructional resources for classroom
presentations as time permits.
5. Enforce state statutes and county 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 security personnel with appropriate monitoring and enforcement in the
parking lots and other assets of the school.
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
presentations, public meetings, and sporting events, etc. This will not replace
security and off-duty work already in place.
11. Contribute to the positive police-school-community relation efforts, especially as
these efforts relate to students and faculty.
II.
PROGRAM ADMINISTRATION
A. Employment. Each School Resource Officer shall be a regular employee and
certified peace officer of the Weld County Sheriff's Office. The deputies will be
subject to the ordinances, policies,procedures, rules, regulations, directives, and
orders of Weld County and the Weld County Sheriffs Office. The officers also will
comply with the policies and regulations of the Weld County School District RE-1, 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 Sheriffs Office, or are not in conflict with federal, state
or municipal laws.
B. Salary and Benefits. The School Resource Officers will receive salary and
employee benefits and normally issued equipment and supplies from the Weld
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County Sheriff's Office. The School Resource Officer Program is funded by the
Weld County Sheriff's Office and Weld County School District RE-1.
C. Schedule. The School Resource Officers will work a schedule consistent with Weld
County Sheriff's Office policies, procedures and subject to the Fair Labor Standards
Act. Except as otherwise provided in the Agreement, the School Resource Officers
shall work a mutually established schedule subject to financial and time limits as
hereinafter set forth in Schedule B, in addition to court appearances and training
during times, when the school is open. During the school's summer vacation, spring
break, holiday breaks and other days when the school is not in session, and the officer
is not involved in assigned school related activities, the School Resource Officers will
be assigned duties in the Weld County Sheriffs Office. In the event of an
emergency, as determined by the Weld County Sheriff's Office,the School Resource
Officers may be required to perform general law enforcement duties. The School
Resource Officers shall attend in-service training throughout the year conducted by
and as required by the Weld County Sheriffs Office.
D. Supervision. The School Resource Officers are 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 Sheriff's Office supervisor
will be responsible for maintaining contact with the school administration. The
School Resource Officers will work closely with the school administration and
faculty to determine the most effective use of the officer's time and expertise, subject
to the financial and time limits set forth in schedule B, but shall not be subject to the
supervision or direction by the Weld County School District RE-I, its officers, agents
or employees.
E. Performance Appraisal. The School Resource Officers' performance will be
evaluated consistent with the Weld County Sheriff's Office policy and procedures by
the assigned supervisor and will accept input from the schools' designee(s).
F. Vehicle. The School Resource Officers will be provided on-duty use of a Weld
County Sheriff's Office vehicle.
H. Termination. This agreement may be terminated without cause by either party upon
60 days written notice. Upon termination, any funds provided by the Weld County
School District RE-1 shall be prorated and returned to the school. Notice of intended
termination shall be provided to the other party as per the notice requirements of
Section II. L., below.
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.
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Amendments of this Intergovernmental Agreement may be made only in writing and
signed by all parties hereto.
J. Relationship of the Parties. It is mutually agreed and understood that nothing
contained in the Intergovernmental Agreement is intended, nor 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-1. It shall also
not be construed that the school, including its officers, agents,volunteers and
employees, are an agent of the Weld County Sheriffs Office. Weld County School
District RE-1 shall not represent that the School Resource Officer is an employee or
agent of the school in any capacity. The School Resource Officer shall not represent
that he/she is an employee or agent of Weld County School District RE-1 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 give or allow any claim, benefit, or right of action by
any third person not a party hereto. Any person or entity other than the Weld County
Sheriff's Office or Weld County School District RE-I receiving services or benefits
under this contract is only an incidental beneficiary.
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 in Schedule A, 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.
M. Payment Dates. The Weld County Sheriff's Office will prepare and send a
statement to Weld County School District RE-1 on or before the tenth (10`h)day of
the month following the month for which the services are provided. Weld County
School District RE-I shall pay the amount requested within thirty(30) days of receipt
of the statement. If payment from the Weld County School District RE-1 is not
received within thirty (30) days ,the Sheriff may, in his discretion, terminate all
service under this Agreement; however, all amounts due prior to the date of
termination will remain due and payable, and may be collected by the Weld County
Sheriff's Office utilizing all legal means necessary.
O. Non-Assignment. Neither party may assign or transfer this Agreement, any interest
therein or claim thereunder,without the prior written approval of remaining parties.
P. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
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O. Fund Availability. Financial obligations of the parties payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted
and otherwise made available. By execution of this Agreement, neither party warrants
that funds will be available to fund this Agreement beyond the current fiscal year.
R. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within
the original intent of the parties.
S. Choice of Law. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement.
Any provision included or incorporated herein by reference which conflicts with said
laws, rules and/or regulations shall be null and void.
T. Attorneys Fees/Legal Costs. In the event of a dispute between the parties
concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
III.
TERM OF CONTRACT
The term of this Agreement shall be from the date of final execution to and
until July 15,2015, and shall be renewed after review by mutual consent on a year-by-
year basis thereafter unless sooner terminated by either party in writing served upon the
other party no later than sixty(60) days prior to the expected date of termination. Any
renewal of this Agreement shall be subject to changes in the hourly rate schedule as
provided by the Sheriffs Office which is set forth in Schedule B, which is attached
hereto and incorporated herein by reference.
IV.
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 statue, 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.
u J '/
EXECUTED THIS '9- DAY OF fjiy ifs/ , 20
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, STATE OF
5
COLORADO, ON BEHALF OF JOHN
4 a OOKE, WELD COUNTY SHERIFF,
Wide/LA/ 452
ATTEST 361
CLERK TO THE BOA vt4
By: � � B : m
Deputy Cle ouglas demacher, Chairman
APPROVE AS TO RM: APPR VED AS TO SUBSTANCE:
i"
By: By:
ruce T. Barker, J n Cooke, Weld ounty
Weld County Attorney eriff
Wel�County Sc oo) District RE-l:
\
1
By:
SUBSCRIBED AND SWORN to before me this ay of
WITNESS my hand and official seal.
ry Public
My commission expires:
Z2, Zo'g RAFAELA ALICIA MARTINEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144002878
MY COMMISSION EXPIRES JANUARY 22,2018
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SCHEDULE A
1. Until further notice is received, the County Contact Person shall be:
Commander Todd E. Deutsch
Weld County sheriff's Office
1950 O Street
Greeley, CO 80631
970-356-4015, ext. 2837
tseutsch@co.weld.co.us
2. Until further notice is received, Weld County School District RE-1 Agreement
Monitor shall be:
Dr. Jo Barbie
Superintendent of Schools
Weld County School District RE-1
14827 WCR 42
PO Box 157
Gilcrest, CO 80623
Phone: 970-737-2403
Fax: 970-737-2516
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Schedule B
1. The hourly rate comprising the contract amount of this fiscal agreement during
the initial term of the Agreement, and until further notice as set forth in the
Agreement, shall be $53.24 per hour per Deputy.
2. The maximum cumulative total billing for services during the term of this fiscal
agreement shall be $206,997.12 for the fiscal year 2014- 2015.
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