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Home My WebLink AboutC08-135MEMORANDUM OF AGREEMENT BETWEEN EAGLE COUNTY, COLORADO, THE EAGLE COUNTY SHERIFF AND THE EAGLE COUNTY SCHOOL DISTRICT RESOD FOR COOPERATIVE SCHOOL RESOURCE OFFICER SERVICES 's Memorandum of Agreement (the "MOA") is entered into on this ~ ~ day of ~~r 2008 by and between the BOARD OF COUNTY COMMISSIONERS OF E UNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic ("The County") and the EAGLE COiJNTY SCHOOL DISTRICT RE SOD, by and through its Board of Education Members ("District") and has been approved by the EAGLE COUNTY SHERIFF ("Sheriff'). RECITALS: WHEREAS, the County desires to employ an additional law enforcement officer who will act as a liaison between the Eagle County Sheriffs Office and Eagle County schools to address juvenile crime and safety concerns in Eagle County's educational institutions (the "Eagle County School Resource Officer"); and WHEREAS, the Eagle County School Resource Officer will act both as a resource for students, teachers, parents and administrators, and as a law enforcement figure at Eagle County's schools in order to increase the level of safe and effective interaction between the Sheriff s Department, students, teachers, school officials, pazents and the community; and WHEREAS, the District desires to partner with the County by way of providing additional funding for the School Resource Officer Position so as to create and maintain a safe and orderly learning environment for its students, staff and teachers; and WHEREAS, the Sheriff is willing to train and supervise the School Resource Officer, whose main law enforcement duties shall be specifically related to prevention and intervention throughout Eagle County's schools; WHEREAS, the District is authorized by the provisions of C.R.S. § 22-32- 109.1(3) to enter into such agreements to keep its school environments safe; and NOW, THEREFORE, in consideration of the mutual conditions contained herein, the County, District and Sheriff agree as follows: 1. The County, through the Sheriff, will employ an additional law enforcement officer as the Eagle County School Resource Officer, who will provide general law enforcement services other job responsibilities, ~in accordance with the standard national training of school resource officers, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 2. The Sheriff will recruit, select and train the Eagle County School Resource Officer. For the selection process, the Sheriff will assemble a selection boazd, who will participate in the interview process. The District may choose and select a person to represent them on the selection boazd. However, all decisions relating to recruitment, interviewing and selection of the Eagle County School Resource Officer will ultimately be at the sole discretion of the Sheriff. 3. Upon the Sheriffls hiring of the Eagle County School Resource Officer, all supervision, coordination and management of the services, performance and other personnel matters, including discipline, will be the duty of the Sheriff and will be accomplished at the sole discretion of the Sheriff. 4. The Sheriff will promptly report to the District any personnel problems that directly relate to the safety of the schools and those who attend them. 5. The full time Eagle County School Resource Officer position shall be funded by the County and the District as follows: a. The County shall allocate and budget for one additional full time employee to be employed under the direction and supervision of the Sheriff. b. Initially, the District will provide $50,000.00 to the County during the District's 2007-2008 fiscal yeaz (July 1 to June 30), and in no event shall such payment be made after June 30, 2008. The County will contribute any additional amount necessary to facilitate the purchase of 'an Eagle County School Resource Officer patrol vehicle, outfit the vehicle as necessary for Eagle County School Resource Officer use, train the officer and provide the appropriate wage and benefits package to the Eagle County School Resource Officer. c. For the Districts 2008-2009 fiscal yeaz (July 1 to June 30), the District will pay one half of the yeazly cost involved with the Eagle County School Resource Officer's wage and benefit package, which will include training and maintenance of the Eagle County School Resource Officer's police officer certification. County will pay the other one half. d. The parties intend that for each subsequent fiscal yeaz, during which this Agreement is in effect, the District will pay one half of the yeazly cost involved with the Eagle County School Resource Officer's wage and benefits package, which may include training and maintenance of the Eagle County School Resource Officer's police officer certification. County will pay the other one half. e. The District acknowledges the salary of an officer performing satisfactorily may increase up to 4% annually for merit. 6. District acknowledges that The School Resource Officer on duty will be, at times, required to render law enforcement services to areas outside the District property, and such officer absence shall not be deemed to be a violation of this agreement. However, it is understood that the School Resource Officer's main duties will be to provide law enforcement services at Eagle County schools and surrounding azeas. 7. This agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by anyone without the prior written consent of the respective parties hereto. 8. .Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to in respect of any period after December 31, 2008 without an appropriation therefore by the County in accordance with a budget adopted by the Boazd of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 9. Notices. Any notice required under this Agreement maybe personally delivered or mailed in the United States mail, first class postage prepaid to the party to be served at the following addresses: a. District: Eagle County School District RE SOJ Attention: Phil Onofrio P.O. Box 740 Eagle, Colorado 81631 Facsimile: (970) 328-1024 b. County: Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 Facsimile: (970) 328-8699 c. Eagle County Sheriff: Attention: Kim Andree P.O. Box 359 Eagle, Colorado 81631 Facsimile: (970) 328-1448 Notices personally served shall be deemed served on the date of delivery. If mailed, such notice shall be deemed to be given when deposited in the United States mail, with postage thereon prepaid. If transmitted by teletype, electronic message, facsimile or other wire or wireless communication, such notice shall be deemed to be given when the transmission is completed. 10. Term. This Agreement shall commence upon execution by both parties and shall continue through the end of the District's 2008-2009 fiscal year (June 30, 2009). Thereafter, the parties intend to renew the agreement on an annual basis. 11. No Assignment Contractor shall not assign any of its rights or duties under this Agreement to a third party without the prior written consent of County. County shall terminate this Agreement in the event of any assignment without its prior written consent of County. 12. Entire Agreement. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any action arising out of any dispute pertaining to this MOA shall be exclusive in Eagle County, Colorado. 14. Third Party Beneficiary. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than the County or the District and their respective successors and assigns, any right, remedy or claim under or by reason hereof of by reason of any covenant or condition herein contained. Specifically, nothing herein shall be deemed a necessary prerequisite to enforcing any obligations of the land owner subject to the Easement. 15. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. 16. Amendments. This MOA maybe amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and the District. This Agreement represents the full and complete understanding of County and the District and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and the District with respect to the subject matter contained herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and yeaz first above written. COUNTY OF EAGLE, STATE OF COLORADO ATTEST: By: By and Through its BOARD OF COUNTY COMMISSIONERS County Commissioners -"'~""'' hi4'• ~ ^tZ~7vi ~ RESOJ SCHOOL DISTRICT EAGLE, COLORADO By and Through its BOARD OF EDUCATION By: APPROVED: By: eph y, Sheriff