HomeMy WebLinkAbout20140022.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT SCHOOL RESOURCE
OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN-AIMS COMMUNITY COLLEGE
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 Aims
Community College, commencing January 10, 2014, and ending January 10, 2015, 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 Aims Community College 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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO p
ATTEST: gr �thzigi °L.) ��C1LQ) �1Q (I-617ougl Rademacher, Chair
Weld County Clerk to the Board .
)0*&lc ,j.tJ`"/iL< <c -.
Barbara Kirkmeyer, Pro-Tefn
BY:
Deputy Cler to the Board L�
.�N F Las can P. Conway
APP- • . . AS TO
orney7
O 17 Fr ' /Willia Garcia
Date of signature: JAN 1 6 2014
e,C 2014-0022
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY
SHERIFF'S OFFICE AND AIMS COMMUNITY COLLEGE FOR A CAMPUS
POLICE 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 Sheriffs Office), and Aims Community College.
WITNESSETH:
WHEREAS, the Weld County Sheriffs Office, Aims Community College, and
the community are significantly impacted by the demands placed upon them to address
incidents and situations directly or indirectly related to students and the college, and
WHEREAS, the problems of safety, alcohol and substance abuse, gang
involvement, and other crime related problems which negatively affect the community
and the college can best be addressed in a proactive and preventive manner, and
WHEREAS, the Weld County Sheriffs Office and the Aims Community College
desire to create a college resource officer program to provide a college-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 Sheriffs Office, known as a
College Resource Officer shall be assigned to work with the administration faculty,
and students of Aims Community College, 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 college.
2. Conduct or assist in the investigation of offences on campus.
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,
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community responsibility for students and other groups associated with the
college.
4. As requested by college 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 college.
10. Attend college-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-college-community relation efforts, especially as
these efforts relate to students and faculty.
II.
PROGRAM ADMINISTRATION
A. Employment. The College 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 Aims Community College,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 College Resource Officer will receive salary and
employee benefits and normally issued equipment and supplies from the Weld
County Sheriff's Office. The College Resource Officer Program is funded by the
Weld County Sheriffs Office and Aims Community College.
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C. Schedule. The College 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 College Resource
Officers will provide coverage 5 days a week for 15 hours per day from 7:00 a.m.-
10:00 p.m. during times when the college is open. During periods listed in Schedule
A when the college is closed, the College Resource Officer will not be assigned to the
college. In the event of an emergency, as determined by the Weld County Sheriff's
Office, the College Resource Officer may be required to perform general law
enforcement duties. The College Resource Officer shall attend in-service training
conducted by the Weld County Sheriff's Office scheduled throughout the year.
D. Supervision. The College Resource Officer is subject to the Weld County Sheriff s
Office chain of command and the supervision of the assigned Weld County Sheriff's
Office supervisor(s). Day to day supervision will be assigned to Weld County
Sheriff's Office supervisors. The assigned Weld County Sheriff's Office supervisor
will be responsible for maintaining contact with the college administration. The
College Resource Officer will work closely with the college administration and
faculty to determine the most effective use of the officer's time and expertise,but
shall not be subject to the supervision or direction by the Aims Community College,
its officers, agents or employees.
E. Performance Appraisal. The College 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 colleges' designee(s).
F. Vehicle. The College Resource Officer will be provided on-duty use of a Weld
County Sheriff's Office vehicle.
G. Liability Coverage. The Weld County Sheriff's Office shall exchange evidence of
insurance showing general liability coverage for Aims Community College 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 Aims Community College. 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 the Weld
County Sheriff's Office or Aims Community College upon 30 days' written notice.
Upon termination, any finds provided by the Aims Community College shall be
prorated and returned to the college. 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 or 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 Aims Community College or as construing the
college, including its officers, agents, volunteers and employees, as an agent of the
Weld County Sheriff's Office. Aims Community College shall not represent that the
College Resource Officer is an employee or agent of the college in any capacity. The
College Resource Officer shall not represent that he/she is an employee or agent of
Aims Community College in any capacity. The College 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 gives or allows any claim,benefit, or right of action by
any third person not a party hereto. Any person other than the Weld County Sheriff's
Office or Aims Community College 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
Aims Community College 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,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. Payments for Services. Aims Community College shall pay TWO HUNDRED
AND TWELVE THOUSAND, FIVE HUNDRED AND NINETY DOLLARS
($212,590.00),hereinafter, the "Contract Amount", to the Weld County Sheriff's
Office for the services provided pursuant to this agreement for the one year period
beginning January10, 2014, and ending January 10, 2015. The Weld County
Sheriff's Office will prepare and send a statement to Aims Community College on or
before the tenth (10th) day of the month following the month for which the services
are provided. Aims Community College shall pay the amount requested within thirty
(30) days of receipt of the statement.
III.
TERM OF CONTRACT
The terms of this agreement shall be for one year,beginning on the 10th day of
January,2014, and shall continue through the 10th day of January, 2015. The Weld
County Board of County Commissioners on behalf of the Weld county Sheriff's Office,
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may, at its sole discretion, extend the contract for up to two (2) additional one year
periods:
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. etseq. 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.EXECUTED THIS 6 DAY OF • -: HELL¢1 l/ ,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: gzr.4,,Yud..7-04.,
CLERK TO THE BOARD
By: ii/i'Ai. _ .�i B -
Deputy Cler e Dougla Rademacher, Chair
g JAN 0 62094
APPROVED AS TO F PPl OVED AS TO SUBSTANCE:
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By: i, , Fr
`y: t
Bru . Barker, o'hn Cooke, Wel County
eld County Attorney Sheriff
S C MUNITY COLLEGE
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Title: pr . Aar s /-;okp\•eAX
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SCHEDULE A
Aims Community College is closed during the following periods:
January 1, 2014 (New Year Day)
January 20, 2014(MLK Day)
May 26, 2014(Memorial Day)
The 2014-2015 Academic calendar is not yet finalized; however, the following days are
anticipated to be the days the college is closed.
July 4, 2014 (Independence Day)
September 1, 2014 (Labor Day)
November 26-28, 2014 (Thanksgiving Break)
December 22-26, 2014 (Holiday Break)
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