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Home My WebLink About20140021.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT SCHOOL RESOURCE OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY 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 a 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 Sheriffs Office, and Weld County School District RE-3J, commencing January 1, 2014, and ending December 31, 2014,with further terms and conditions being as stated in said intergovernmental agreement, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental 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 a 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 Sheriffs Office, and Weld County 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 intergovernmental agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of January, A.D., 2014, nunc pro tunc January 1, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO q � ATTEST: go/14,v � r Rademac e O( L 5 p(9)4117-1O CLZJ✓ - ougla0 pr, Chair Weld County Clerk to the Board �z k uJU' e 'Barbara Kirkmeye; Pro-Ten BY: Deputy Cler i t e Board I. fa La J'` an P. Conway APP D: ORM: Bett Qitei•Iti� - { •,•,u Fre County A orney �U U..11 William F. Garcia Date of signature: JAN 1 8 2014 O/: c& 2014-0021 1(2 ) SO0035 INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY SHERIFF'S OFFICE AND WELD COUNTY SCHOOL DISTRICT RE-3(J) FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT is made by and between the Board of County Commissioners of Weld County by and on behalf of the Weld County Sheriff's Office, (hereinafter referred to as Weld County Sheriff's Office), and Weld County School District RE-3(J). WITNESSETH: WHEREAS,the Weld County Sheriff's Office, Weld County School District 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,the Weld County Sheriffs Office and the Weld County School District RE-3(J) 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 A certified police officer employed by the Weld County Sheriff's Office,known as a School Resource Officer shall be assigned to work with the administration faculty, and students of Weld County School District RE-3(J), 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 offences on campus. 1 2014-0021 3. 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. The School Resource Officer shall be a regular employee and certified peace officer of the Weld County Sheriff's Office. The deputy will be subject to the ordinances, policies,procedures,rules,regulations, directives, and orders of Weld County and the Weld County Sheriffs Office. The officer also will comply with the policies and regulations of the Weld County School District RE-3(J),to the extent that such policies and regulations are not in conflict with those of the Weld County Sheriff's 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 Officer will receive salary and employee benefits and normally issued equipment and supplies from the Weld County Sheriff s 2 Office. The School Resource Officer Program is funded by the Weld County Sheriff's Office and Weld County School District RE-3(J). C. Schedule. The School Resource Officer will work a schedule consistent with Weld County Sheriff's Office ordinances 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 schools 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 officer will be assigned duties in the Weld County Sheriff's Office. In the event of an emergency, as determined by the Weld County Sheriff's Office,the School Resource Officer may be required to perform general law enforcement duties. The School Resource Officer shall attend in-service training conducted by the Weld County Sheriff's Office scheduled throughout the year. D. Supervision. The School Resource Officer is 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 Sheriff's Office supervisors. The assigned Weld County Sheriffs Office supervisor will be responsible for maintaining contact with the school administration. The School Resource Officer 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-3(J), its officers, agents or employees. E.Performance Appraisal. The School Resource Officers' performance will be evaluated consistent with the Weld County Sheriffs Office policy and procedures by the assigned supervisor and will accept input from the schools' designee(s). F. Vehicle. The School Resource Officer will be provided on-duty use of a Weld County Sheriff's Office vehicle. G. Liability Coverage. The Weld County Sheriffs Office shall exchange evidence of insurance showing general liability coverage for Weld County School District RE- 3(J) and general liability and professional coverage of Weld County Sheriff's Office in the minimum amount of Colorado Governmental Immunity Act for protection from claims for bodily injury, death,property damage, or personal injury which may arise through the execution of this contract,through the Weld County Risk Management Office and Weld County School District RE-3(J). Such evidence shall be approved by each recipient prior to the commencement of this agreement. 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 3 School District RE-3(J) shall be prorated and returned to the school. Notice of intended termination shall be provided to the other parry 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. 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 Sheriff's Office and Weld County School District RE-3(J). It shall also not be construed that the school, including its officers, agents, volunteers and employees, are an agent of the Weld County Sheriff's Office. Weld County School District RE-3(J) 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-3(J) in any capacity. The School Resource Officer shall remain solely an employee of the Weld County Sheriff's 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 Sheriffs Office or Weld County School District RE-3(J)receiving services or benefits under this contract is only an incidental beneficiary. Nothing in this Intergovernmental Agreement shall be deemed as a waiver of immunity or liability limits granted to the County and the Weld County School District RE-3(J)under the Colorado Governmental Immunity Act. 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 Sheriffs Office will prepare and send a statement to Weld County School District RE-3(J) on or before the tenth(10th) day of the month following the month for which the services are provided. Weld County School District RE-3(J) shall pay the amount requested within thirty (30) days of receipt of the statement. If payment from the Weld County School Disctrict RE-3 (J) 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 4 termination will remain due and payable, and may be collected by the Weld County Sheriff's Office utilizing all legal means necessary. HI. TERM OF CONTRACT The term of this Agreement shall be from the date of final execution to and until December 31st,2014, and shall be renewed automatically 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 Sheriff's 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. a EXCUTED THIS I -DAY OF Ca/Wary ,20 9. COUNTY OF WELD, STATE OF COLORADO, ON BEHALF OF JOHN COOKE, WELD COUNTY SHERIFF, OF COUNTY COMMISSIONERS BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: 2, t� CLERK TO THE BOARD 1C2)By//! Aft, �• �3 wo Deputy Cler „a ougl Rademac er, Chair JAN 0 6 2014 i 1961� 'Gag..,�•�`r APPROVED AS TO FO • Cf S , . y "'PR VED AS TO SUBSTANCE: By. `'; -7 By: ?late T. Barker, Jo Cooke, Weld County Weld County Attorney S riff 5 j J a2/1-Deal/ Weld County School District RE-3(J): By: SUBSCRIBED AND SWORN to before me this 25#1.day of Nails 48 , 20 13. WITNESS my hand and official s al. ► otary Pub c My commission expires: �dd. )41 21)!(p JAIME L BARTH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044002975 C0MBSSI0N EXPIRES N0V.14,2016 6 SCHEDULE A 1. Until further notice is received, the County Contact Person shall be: Commander David W. Clarke Weld County sheriffs Office 1950 O Street Greeley, CO 80631 970-356-4015, ext. 2615 dclarke@co.weld.co.us 2. Until further notice is received, Weld County School District RE-3(J) Agreement Monitor shall be: Greg A. Rabenhorst, Ed.d. Superintendent of Schools Weld County School District Re-3J 99 West Broadway PO Box 269 Keenesburg, CO 80643 gregrabenhorst@re3j.com 7 SCHEDULE A 1. Until further notice is received,the County Contact Person shall be: Commander David W. Clarke Weld County sheriff's Office 1950 O Street Greeley, CO 80631 970-356-4015, ext. 2615 dclarke@co.weld.co.us 2. Until further notice is received, Weld County School District RE-3(J)Agreement Monitor shall be: 7 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$53.00 per hour per Deputy. 2. The maximum cunuilative total billing for services during the term of this fiscal agreement shall be TO �a� for the fiscal year 2014. b 8 Hello