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HomeMy WebLinkAboutC19-174 Eagle County School DistrictINTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO, THE EAGLE COUNTY SHERIFF, AND THE EAGLE COUNTY SCHOOL DISTRICT RE50J FOR COOPERATIVE SCHOOL RESOURCE OFFICER SERVICES This Intergovernmental Agreement (the “IGA” or “Agreement”) is entered into on _____________________, by and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic (“County”) and the EAGLE COUNTY SCHOOL DISTRICT RE 50J, by and through its Board of Education Members (“District”) and has been approved by the EAGLE COUNTY SHERIFF (“Sheriff”). RECITALS: WHEREAS, in April 2008, the County and the District entered into an Agreement for Cooperative School Resource Officer Services under which the Eagle County Sheriff dedicated a Sheriff deputy to serve as an Eagle County School Resource Officer (“SRO”), with the County and District each paying roughly one-half the cost to train and employ such SRO (the “2008 Agreement”); and WHEREAS, the County and District recognize a need to revise and update the terms of the 2008 Agreement in order to increase the funding for and number of SROs in Eagle County Schools to act as a liaison between the Eagle County Sheriff’s Office and the Eagle County Schools and to address juvenile crime and safety concerns in the District’s educational institutions located within Eagle County; and WHEREAS, by this Agreement, the County and the District intend to restate, revise and replace in its entirety the 2008 Agreement, as set forth herein; and WHEREAS, SRO(s) designated under this Agreement will act both as a resource for students, teachers, parents and administrators, and as a law enforcement figure at the District’s schools located in Eagle County in order to increase the level of safe and effective interaction between the Sheriff’s Office, students, teachers, school officials, parents, and the community; and WHEREAS, the District desires to partner with the County by way of providing additional funding for the SRO positions 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 SROs, whose main law enforcement duties shall be specifically related to prevention and intervention throughout the District’s schools located in Eagle County; and 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 DocuSign Envelope ID: 0ED71278-0E5A-4580-BD59-5428B4A5572C 5/21/2019 WHEREAS, such SRO programs are recognized as being effective in the development of a positive relationship between law enforcement, school district employees, and youth; and WHEREAS, intergovernmental agreements between political subdivisions of the State of Colorado to provide functions and services including the sharing of cost of such services or functions are specifically authorized by C.R.S. § 29-1-203. 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 one or more law enforcement officers to be designated as an SRO to provide general law enforcement services and other school-resource assistance, with the standards for national training of school resource officers serving as a guide. 2. The Sheriff currently employs one SRO under the 2008 Agreement and may recruit, select and train additional SROs. For the selection process for additional deputies selected to serve as SROs under this Agreement, the Sheriff will assemble a selection board, who may participate in the interview process. The District is encouraged and may choose and select a person to represent the District on the selection board. However, all decisions relating to recruitment, interviewing, and selection of the SROs will ultimately be at the sole discretion of the Sheriff. 3. Upon the Sheriff’s hiring of the SRO(s), 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. The SROs are subject to the Sheriff’s chain of command and supervision of assigned supervisors. The SROs shall comply with District policies and regulations, to the extent such policies and regulations are not in conflict with those of the County and Sheriff, other terms contained herein, or with federal, state, or County laws. Each SRO’s performance shall be evaluated consistent with County policies and procedures by the SRO’s County supervisor. Such supervisor shall seek and accept the input from the District for the evaluation. 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. Shared Costs. The full time SRO position(s) shall be funded jointly by the County and the District, with the District paying $60,000 per SRO for the first year. Thereafter, the District funding amount shall be increased on July 1, 2019 and each following year during the Term by three percent (3%) over the funding amount for the previous year. As such, the parties anticipate the following funding obligations, all of which are contingent on proper budgeting and appropriation of funds as required for each agency: a. For the District Fiscal Year ending June 30, 2019, the District shall continue to fund the current one half the salary and benefits, plus one-half payment of the Eagle County Motor Pool cost of the SRO vehicle in the amount of $60,000. The District will DocuSign Envelope ID: 0ED71278-0E5A-4580-BD59-5428B4A5572C make this payment to the County within a reasonable time after execution of this Agreement, but not later than June 30, 2019. b. For the 2019-2020 District Fiscal Year, beginning July 1, 2019 and ending June 30, 20202, contingent on funding and appropriation in accordance with the budgetary requirements of each agency, the County and District intend to jointly fund a second full- time SRO to be employed under the direction and supervision of the Sheriff as described herein, with the District contributing $61,800 per SRO. The District will make payment to the County for its share of the SRO cost for Fiscal Year 2019-2020 no later than December 31, 2019. c. The District funding amount may be increased year after year for each SRO employed by the Sheriff and designated to the District schools under this Agreement at the base rate of $60,000 per SRO, plus the three-percent annual increase calculated from the date of this Agreement. d. The County will contribute any additional amount necessary to facilitate the purchase of an SRO patrol vehicle, outfit the vehicle as necessary for SRO use, train the officer to Colorado Peace Officers Standards and Training (POST), and provide appropriate wage and benefits package to the SRO, along with any training costs. 6. The District acknowledges that the SRO 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 SRO’s primary duties will be to provide law enforcement services at Eagle County Schools and surrounding areas. 7. The Sheriff acknowledges that the District desires that the SROs emphasize patrol of Eagle Valley High School in Gypsum and Battle Mountain High School in Edwards. The SROs will work closely with the school principals, school administrators, and faculty to determine the most effective use of the SROs’ time and expertise. 8. 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. 9. 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, 2019 without appropriation therefore by the County in accordance with a budget adopted by the Board 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). Consistent with Article X, Section 20 of the Colorado Constitution, any financial obligation of the District not performed during the current fiscal year is subject to annual appropriation, shall extend only DocuSign Envelope ID: 0ED71278-0E5A-4580-BD59-5428B4A5572C to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt, or liability beyond the current fiscal year. 10. Notices. Any notice required under this Agreement may be 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 50J c/o Superintendent 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. Sheriff : Eagle County Sheriff’s Office 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. 11. Term and Termination. This agreement shall commence upon execution by both parties and shall continue through June 30, 2023 (the end of the District’s 2022-2023 fiscal year)(the “Initial Term”). Thereafter, the Agreement will automatically renew for successive one (1) year agreements on an annual basis every June 30. This Agreement may be terminated without cause by either the County or the District upon thirty (30) days’ written notice. Upon any early termination of this Agreement any funds advanced by the District for a current District Fiscal Year period shall returned to the District on a pro-rata basis for the balance of that fiscal year. Notice of early termination shall be provided in writing in accordance with the provisions of Section 10 of this Agreement. 12. No Assignment. District 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. DocuSign Envelope ID: 0ED71278-0E5A-4580-BD59-5428B4A5572C 13. 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. 14. 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 IGA shall be exclusive in Eagle County, Colorado. 15. 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 by reason of any covenant or condition herein contained. 16. 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. 17. Amendments. This IGA may be 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. 18. This Agreement is intended to facilitate cooperation between the parties in the provision of the services provided herein, but does not establish a separate legal entity to do so, and, except as set forth herein, this Agreement does not authorize either party to act on behalf of the other party for any purpose whatsoever. Nor does this Agreement establish any employee of either party as an agent of any other party for any purpose whatsoever. This Agreement shall provide only for sharing of in-kind services and costs by the parties in the achievement of a common mutual goal, said goal being the sharing of the information and resources to maximize the safety and security of the community and its children. 19. The Parties agree to abide by and share information that is in accordance with state and federal law that mandates the sharing of information between these separate agencies, as well as to facilitate information sharing when requested by the other party related to the handling of delinquency, dependency and neglect cases, truancy, and/or other education-related needs. DocuSign Envelope ID: 0ED71278-0E5A-4580-BD59-5428B4A5572C 20. The County and the District shall each provide its own general liability and public officials’ errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and the District, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional insureds under the named insured’s insurance policies. The named insured’s insurance shall be primary and non- contributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. Except for acts or omissions that are willful and wanton or which constitute gross negligence by the County, its agents, officers, or employees, the parties agree that a claim arising out of the County’s enforcement of the District policies in accordance with the terms of this Agreement shall constitute an operation of the District for purposes of the County’s additional insured status under the District’s insurance. A certificate of insurance consistent with the foregoing requirement is attached hereto as Exhibit A. This provision shall survive expiration or termination of this Agreement. Nothing set forth herein shall be interpreted to supersede the provisions of C.R.S. § 29-5-101, et seq., as amended, to the extent applicable, and such statute shall control in the event of a conflict between the statute and this Agreement. 21. It is mutually agreed and understood that nothing contained in this Agreement is intended or shall be construed as in any way establishing the relationship of co-partners or a joint venture between the parties, or as construing the District, including its officers, agents, volunteers and employees, as an agent of the County, or as construing the County, including its officers, agents, volunteers and employees, as an agent of the District. The District shall not represent that any SRO is an employee or agent of the District in any capacity. No SRO shall represent that he/she is an employee or agent of District in any capacity. Each SRO shall remain solely an employee of the County. 22. The County and the District shall evaluate the SRO program on a yearly basis and make recommendations on how the program can better serve the school in the areas of enforcement, prevention, and safety. 23. The County and the District and their officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the County or the District and their officers, attorneys or employees. //Signature Page to Follow // DocuSign Envelope ID: 0ED71278-0E5A-4580-BD59-5428B4A5572C IN WITNESS WHEREOF, the parties hereto executed this agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: ________________________________ Jeanne McQueeney, Chair ATTEST: By: _____________________ Regina O’Brien Clerk to the Board of County Commissioners APPROVED: By: ________________________________ James Van Beek, Eagle County Sheriff RE50J SCHOOL DISTRICT EAGLE, COLORADO By and Through its BOARD OF EDUCATION By: ________________________________ School Board President ATTEST: By: _________________________ DocuSign Envelope ID: 0ED71278-0E5A-4580-BD59-5428B4A5572C