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HomeMy WebLinkAbout26-04 Approving the 25-26 Amendment to the IGA with SVVSD for SRO Program 01-21-20261 RESOLUTION NO. 26-04 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING THE 2025-2026 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ST. VRAIN VALLEY SCHOOL DISTRICT RE -1J FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, since 2021 the Town of Firestone and St. Vrain Valley School District have successfully operated a Joint School Resource Officer Program ("Program"); and WHEREAS, the parties desire to continue the Program for 2025-2026 by amending the Intergovernmental Agreement to set forth the assigned school and compensation as described in EXHIBIT A Adopted Budget; and WHEREAS, the Board of Trustees finds that the Program is of benefit to the community and enhances the relationship of the parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The 2025-2026 Amendment to the Intergovernmental Agreement between the Town of Firestone and St. Vrain Valley School District RE -1J for a Joint School Resource Officer Program is approved in substantially the same form as the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute the Agreement on behalf of the Town. PASSED AND ADOPTED thisal day o ►.0 , 2026. _-TOMQ'I OF F ST , COLORADO /:1 Missy Carranco, Deputy Town Clerk APPRO TO FORM: Ma eith Ma own Attorney AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ST. VRAIN VALLEY SCHOOL DISTRICT RE -1J FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT (this "Agreement") is made by and between TOWN OF FIRESTONE (the "Governmental Unit") through its, law enforcement agency, as applicable, and the ST. VRAIN VALLEY SCHOOL DISTRICT RE -1J (the "School District"). District and Government Unit may be referred to in the singular sense as a "Party" or in the collective sense as the "Parties." WHEREAS, the Governmental Unit, the School District, 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 delinquency, alcohol and substance abuse, gang involvement, and other youth related problems which negatively affect the community and the schools can best be addressed in a proactive and preventative manner; and WHEREAS, the Governmental Unit and the School District have jointly developed a program to provide a school -based approach to the development of a positive relationship between students and the police and the prevention of delinquency, alcohol and substance abuse, and gang involvement by our community's young people (the " SRO Program"); and WHEREAS, such programs are recognized as being effective in the development of a positive relationship between the police, faculty, and young people and in the prevention of delinquency; and WHEREAS, the Parties previously entered into an Intergovernmental Agreement concerning the SRO program for the 2021-2022 school year ("Original Agreement"); and WHEREAS, The Parties desire to enter into this Agreement to amend, modify, change and alter certain provisions of the Original Agreement as more fully set forth below; and WHEREAS, the Parties intend for this Agreement, as an amendment and restatement of the Original Agreement, to supersede or replace in its entirety the terms and provisions of the Original Agreement; and WHEREAS, the Parties further intend that in the event any provision of this Agreement conflicts with any provision of the Original Agreement, the provisions of this Agreement shall govern and control such conflicting provisions. NOW THEREFORE, FOR AND IN CONSIDERATION OF THE covenants and agreements below appearing, the parties agree as follows: I. SCOPE OF SERVICES To facilitate the SRO Program, the Governmental Unit shall assign one (1) or more school resource officers ("SRO" in the singular or "SROs" in the plural) to service the School District's school sites identified in Exhibit A. The school assignment can be set by mutual agreement of the SRO and the school principal, assuring a presence of the SRO between each of the schools. SROs shall be assigned to work with the administration, faculty, and students at the assigned school on the schedule as provided for in this Agreement. The SROs may perform functions including, but not limited to the following: 1. Subject to the SRO's discretion and law enforcement authority, the SRO shall take appropriate law enforcement action as requested by school administrators. The SRO may also take such other appropriate law enforcement actions as may be required by law or Firestone Police Department policy and must then notify the school administrator as soon as practicable of any violations or actions which impact school discipline, order or safety, or such other violations and actions as the School District reasonably requests be reported. This may include interviewing suspects and victims of criminal violations, issuing summonses, and addressing traffic concerns. Should it become necessary to conduct formal law enforcement interviews with the students, the SRO shall adhere to School District policy, regulations and guidelines, Firestone Police Department policy, and legal requirements with regard to such interviews. It shall be understood and agreed that the SRO, as a law enforcement officer, can only detain or take into physical custody those students for whom there is reasonable suspicion or probable cause that such students have committed a criminal offense. The SRO shall not be assigned to lunchroom duties, hall monitoring or other campus monitoring duties, unless there is a specific problem, in which case, the SRO may assist the school with those duties until the problem is remedied. 2. The SRO shall assist other SROs, if applicable, or law enforcement agencies in conducting investigations when requested or required. 3. Provide instructional resources for classroom presentations as time permits or provide available educational resources in the following areas: the role of policing in the community, search and seizure, traffic laws, crime prevention, victims' rights, community involvement, and youth programs. Any additional areas of instruction or SRO participation in school activities must be mutually agreed upon by the Governmental Unit, the SRO Supervisor, and the principal or his/her designee of the affected school. 4. Wear Governmental Unit -approved uniforms and drive a marked patrol unit. In the event the SRO is authorized to wear civilian clothes for a specific event, the SRO shall comply with the Governmental Unit's dress code. 5. Be familiar with and abide by all relevant School District policies, regulations and guidelines related to safety, student conduct and discipline, including the District's Code of 2 Conduct except to the extent such policies, regulations, code and guidelines conflict with the SRO's responsibilities as a law enforcement officer. 6. Coordinate enforcement efforts with campus supervisory personnel, including but not limited to campus supervisors, campus security officers, hall monitors, parking attendants and private security firm personnel. 7. Attend selected functions —parent, faculty, student, administration or other meetings — during normal classroom hours to provide information regarding the SRO Program and provide opportunities for involvement and support. 8. May attend, if possible, selected school functions and social events, such as dances and sporting events, etc., as regular duty hours, if recommended by school administrators. This will not replace security and off -duty work already in place. 9. Perform other duties which will promote the goals of the SRO Program and which are mutually agreed upon by the School District and the Governmental Unit. II. PROGRAM ADMINISTRATION A. ASSIGNMENT. 1. The Chief of Police of the Governmental Unit shall appoint officers as SROS at his/her sole discretion, in consultation with the School District's Superintendent or designee. 2. SROs will not be assigned to Charter Schools in the School District under this Agreement. 3. The Governmental Unit may, from time to time, reassign its employees and designate one or more replacement SROs at any time. 4. If, during the term of this Agreement, any additional schools are annexed into the Governmental Unit, come into existence, or are closed, then the existing SROs may be reassigned, and/or a new SRO may be appointed and assigned as determined by the SRO Supervisor in consultation with the School District. As specified in Section II.C., the Parties intend to exercise good faith in reaching agreements regarding the re -assignments of SROs and modifications of the funding terms of this Agreement as a result of the happening of one of the conditions specified herein. 5. School District reserves the right to request the removal or re -assignment of any SRO for any reasonable cause and upon written notice to the Governmental Unit as specified in Section IV.A. B. SRO EMPLOYMENT STATUS. At all times during the Term of this Agreement, the SROs and SRO Supervisor shall be employees of the Governmental Unit. The SROs will be full- time peace officers, as defined by C.R.S. §16-2.5-1.01, under the direct supervision .of the Governmental Unit's law enforcement agency and shall remain responsive to the chain of command of the Governmental Unit's law enforcement agency. SROs shall not represent that they are employees or agents of the School District in any capacity. The SROs shall remain solely employees of the Governmental Unit. C. SALARY AND BENEFITS. The Governmental Unit will be responsible for providing SROs with payment of wages, health care benefits, and workers' compensation insurance (including occupational disease). The Governmental Unit will comply with all withholding taxes, social security, unemployment, workers' compensation, and/or other federal, state and local employment taxes and other requirements of federal, state or local laws, regulations, rules, and ordinances. D. FINANCING THE SRO PROGRAM. In consideration of the Governmental Unit providing SROs for the SRO Program, the School District shall fund fifty percent (50%) of the employment costs for each SRO assigned to the SRO Program. A "working day" includes all days school is in session, school vacations, school holidays, and some employee training and leave days. The School District shall pay to the Governmental Unit on a triannual basis the amount that is equal to fifty percent (50%) of the previous three (3) months' employment costs incurred by the Governmental Unit for each SRO assigned to the SRO Program, as more particularly described and identified in ER1 ihif'A. Payments shall be made by November 1, March 1, and June I during the term of this Agreement. The Governmental Unit shall provide the School District written notice as to the triannual amount due thirty (30) days before the payment deadline. By no later than February 1 of each year this Agreement is in effect, the Governmental Unit shall make reasonable efforts to estimate its costs associated with the SRO Program for which the School District will have to pay its proportionate share and will notify School, District of such amount for the School District's budgetary considerations. 1. Reimbursement for Absences or Vacancies. As provided in Section ILE.6 and Section IV.D., in the event of an absence or vacancy of the SRO or SRO Supervisor in excess offive (5) consecutive days or an accrual of hours exceeding the equivalent. of five (5) working days, the School District shall be credited the pro -rated amount of the employment costs for each working day and for each SRO and/or SRO Supervisor who was absent or when the position was vacant. 2. Modification of Funding. In the event circumstances and requirements of either Party changes, the School District and the Governmental Unit shall use their best efforts to work in good faith to reach an agreement about future assignments, funding and the number of SROs assigned to the SRO Program. Pursuant to Section ILI, any adjustments shall be taken into consideration in determining the Parties' fiscal obligations. The School District's proportionate share of funding shall remain as indicated in Subsection D. of this Section. Supplies provided by the Governmental Unit. The Governmental Unit shall provide the SROs with all supplies and equipment as are normally issued by the Town to law enforcement officers to be used by the SROs in performance of the duties required under this Agreement 4. Facilities and Equipment. The School District shall provide to each full-time SRO the following equipment and facilities, which are deemed necessary to the performance of the SRO's duties under this Agreement. The School District's Superintendent or his/her designee in consultation with the principal at each assigned school shall designate an office space at each assigned school for exclusive use by the SRO. The designated office space shall be available to the assigned SROs at all times when the school is open for educational or extracurricular activities. In addition, the School District shall make reasonable effort to accommodate the SROs' needs to use such designated space at other hours when the school building may not otherwise be open in furtherance of the duties required of the SRO under this Agreement. Except in emergency circumstances, the School District shall provide SRO at least seventy-two (72) hour notification if the portion of the building allocated herein to SRO becomes temporarily unavailable. ii. For purposes of this Agreement, SRO is deemed a "school official" with whom the School District may share any records that are deemed necessary by the School District for use by the SRO in connection with the SRO Program. Confidentiality of the records shall be maintained by the SRO pursuant to state law (namely, Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, the Family Educational Rights and Privacy Act of 1974 and its regulations, the Colorado Student Transparency and Security Act, in particular § 22-16-108 through 110, C.R.S., the Children's Online Privacy Protection Rule), the Federal Education Rights and Privacy Act, and any applicable School District and Governmental Unit policies. iii. The School District shall provide for the use of each SRO a desk and any necessary office furniture, a computer and access to a printer. These items shall be paid for and maintained by the School District. 5. Maintenance of Facilities and Equipment. All Governmental Unit or School District equipment and facilities, including vehicles, utilized by the SROs or SRO Supervisors in connection with the SRO Program shall be maintained by and at the expense of the respective owners of such equipment. 6. Return of Equipment Upon Termination. In the event this Agreement is terminated, any Governmental Unit or School District facilities or equipment utilized in connection with the SRO Program shall be returned to or retained by the respective owners. E. REGULAR DUTY HOURS. The SROs shall be assigned to their primary schools on a full-time basis of eight (8) hours on those days and during those hours that the schools are in regular session in accordance with the calendar established by the Board of Education of the School District, as amended from time to time. The primary purpose of the SRO Program is to provide services during normal school hours. However, the School District may request that the SRO be assigned additional hours and/or days beyond the normal working hours. The principal(s) of the assigned school(s) and the SRO Supervisor may agree to adjust the working hours of the SRO; provided, however, that overtime hours are not worked. The Superintendent or his/her designee, in cooperation with the SRO ,Supervisor, may request assignments of SROs beyond the assigned contracted hours. If the Superintendent requests additional coverage from the SROs, subject to the availability of the SRO, then the Governmental Unit may seek compensation or reimbursement for the additional cost associated with that coverage, if any. 2. The SRO may be temporarily assigned other duties by the Governmental Unit during school holidays and vacations or during the period of a law enforcement emergency or law enforcement -related training as determined by the Governmental Unit. The Governmental Unit will make all reasonable efforts to ensure that trainings are scheduled on days when schools are not in session and that as few SROs as possible attend the same training. The SRO and SRO Supervisor shall inform the relevant school administrator at least three (3) days in advance when the SRO will not be located at the SRO's assigned school. The Parties agree that no compensation or refund of any funds provided in Article II.D will be owed to the School District during such temporary absence or temporary assignment of the SRO except as provided for in Section IV. D. The Governmental Unit will in good faith make all reasonable efforts to ensure that each school identified in Section I of this Agreement is provided adequate coverage during any trainings that must be attended by the SRO typically assigned to said school. 3. The SRO shall attempt to schedule vacations and floating holidays during periods when school is not in session. Any exception may be granted if approved by the SRO Supervisor after consultation with the principal of any affected school(s). Notwithstanding any provision to the contrary, the Parties agree that no compensation or refund of any funds provided in Section II.D will be owed to the School District during such approved vacations and floating holidays of five (5) consecutive days or less. The SRO Supervisor will rotate or temporarily reassign an existing remaining SRO associated with the SRO Program or provide a substitute SRO to cover the shortage at any assigned school affected by the SROs absence so that the assigned schools are not completely left without coverage. When a substitute SRO is required, the Governmental Unit will assign the SRO who has previous experience as the SRO to the extent possible or an officer who is otherwise compatible for school environments. Whenever possible, the Governmental Unit will utilize the same officers for substitute/replacement purposes so that there are not different officers every day. 4. Subject to Section E.1, the SRO shall work during the hours school is in session and coordinate his/her schedule with the school principal or his/her designee of the SRO's assigned school. When schools are closed due to in-service training, the SRO, if invited by the school administrators, may attend the in-service training or use those hours for SRO administrative duties. 5. The School District's payment obligation specified in Section II.D shall be adjusted for an absence of any SRO or the SRO Supervisor for more than five (5) working days either consecutively or as an accrual of hours exceeding the equivalent of five (5) working days. In the event of any absence, the Town will make all reasonable efforts to ensure that each School District school listed in Section 1 is provided adequate coverage by an SRO and the SRO Supervisor. Multiple absences by an SRO or the SRO Supervisor will be promptly addressed to ensure that the Governmental Unit meets all obligations set forth in this Agreement. For purposes of this Agreement, the term "absence" means the resignation, dismissal, promotion, retirement, rotation, transfer, injury, illness, disability, or other unanticipated and unplanned cause which results in an SRO or the SRO Supervisor being unable to provide services under the SRO Program. 6. Nothing herein shall preclude, limit or impair the Governmental Unit's duties to provide an adequate level of service and protection within its own jurisdiction, or any other existing aid agreements the Governmental Unit may have with any other party or entities as of the date of this Agreement. The Governmental Unit shall be excused from its obligation to provide or assign SRO services associated with the SRO Program at any assigned school affected by an SROs absence should the Governmental Unit have personnel staffing shortages, police personnel or resources already committed to an emergency incident, either within or without its jurisdiction or where required to respond adequately to an emergency incident, either within or without its jurisdiction. In the event that such staffing shortages result in absences by the SRO or SRO Supervisor for more than five (5) consecutive days or an accrual of hours exceeding the equivalent of five (5) working days, the parties agree that the School District's payment obligation set forth in Section II.D shall be offset by the prorated amount of time the SRO or SRO Supervisor was unable to fulfill the services at the schools as assigned. 7. The Parties shall meet during the term of this Agreement to determine the number of SROs that will be assigned to provide services in accordance with this Agreement during the summer school period, if necessary. Notwithstanding any provision to the contrary, if fewer SROs are provided by the Governmental Unit during the summer months than what is called for in Section I of this Agreement, then the Governmental Unit shall not be required to refund any funds paid by the School District. F. SUPERVISION. The Governmental Unit shall assign the duties of supervision of the SROs to the SRO Supervisor, who shall oversee the SROs and shall perform scheduled and non- scheduled visits to the schools. The SROs assigned pursuant to this Agreement will report to the SRO Supervisor. When practicable, during scheduled visits, the SRO Supervisor shall meet with the assigned SRO and school administrators and any staff designated by the principal. When practicable, the SRO Supervisor, the SRO and the School District's Superintendent or his/her designee shall meet weekly at a time and location to be determined by the Parties to discuss problems, issues, and concerns about the SRO Program. G. DISCIPLINARY ACTION. The Governmental Unit, at its sole discretion, will be responsible for taking any necessary or appropriate disciplinary action against any SRO or SRO Supervisor. In exercising these responsibilities, the Town shall consult with the School District. The School District will provide input and feedback to the SRO and the SRO's Supervisor and shall participate in reviews, evaluations and planning for particular SRO positions. The District shall regularly advise the Governmental Unit of the SRO's work performance and shall immediately report to the Governmental Unit any instances of alleged misconduct or discrimination. The School District shall make its employees available as witnesses in any Town -conducted disciplinary or termination proceeding or workplace investigation H. EXTRA DUTY. SROs shall not be eligible for, nor may they accept or participate in, extra -duty employment of a police nature with the School District —including school -related events such as sporting events, prom, or graduation —if there is a reasonably foreseeable risk that they may be required to take law enforcement action, unless and until such extra -duty employment is first approved by the SRO Supervisor. The School District shall pay for extra duty employment as set forth on Exhibit A. I. EVALUATION. Effectiveness of the SRO Program shall be evaluated annually by the Parties to determine if any modifications to the SRO Program are necessary or advisable. The evaluation shall include, where appropriate, compliance with the terms and conditions of this Agreement, identification of issues or problems and recommendations for improvement, and assessment of quality of services provided. This evaluation is critical to continue a successful program and the Parties agree to invest sufficient time and effort in the evaluation process. The Parties shall also evaluate the financial obligations of each Party and make adjustments as necessary to continue the SRO Program. J. LIABILITY COVERAGE. Notwithstanding anything in this Agreement to the contrary, neither this Agreement nor any performance under this Agreement is intended to be, and shall not be construed as, a "temporary assignment" of the Governmental Unit's law enforcement personnel and equipment to the School District. Accordingly, the provisions of C.R.S. § 29-5-105 through C.R.S. § 29-5-110 do not apply to this Agreement. Each Party shall retain responsibility for the conduct of its own personnel and, in the event a claim or legal action should be brought against a Party's personnel arising from such person's conduct or performance under this Agreement, the assigning Party, at its sole cost, shall be responsible to defend the personnel within the terms and limitations, immunities, protections provided under the Liability of Peace Officers, C.R.S. § 29-5-111 and the Colorado Governmental Immunity Act, C'CGIA") C.R.S. § 24-10-101, et seq., as same may be amended from time to time. K. TERMINATION. 1. Termination for Convenience. Either the Governmental Unit or School District may terminate this Agreement without cause upon thirty (30) days written notice. Once notice is given, the Agreement shall assume a definite term, which is thirty (30) days after the date the written notice is given. 2. Termination for Non -appropriation. If either Party fails at any time to appropriate the funds necessary to comply with the requirements under Article II of this Agreement, or if the School District fails to timely pay the funds required under Article II to the Governmental Unit, the Governmental Unit may terminate this Agreement upon giving the School District thirty (30) days written notice. Once notice is given, the Agreement shall assume a definite term, which is thirty (30) days after the date the written notice is given. 3. Effect of Termination. Except as provided herein, upon termination, the Parties shall have no further obligations under this Agreement. Within thirty days of the effective date of termination of this Agreement, the Governmental Unit shall refund or return any portion of the pre -paid funds to the School District for the services of a SRO under this Agreement that have not been performed as of the termination date. Within thirty days of the effective date of termination of this Agreement, the District shall pay for all services of a SRO provided by the Governmental Unit under this Agreement prior to the termination date. L. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. Amendment of this Agreement may be made only in writing and signed by the parties hereto. M. RELATIONSHIP OF THE PARTIES. 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 Governmental Unit and the School District or as construing the School District, including its officers, agents, volunteers and employees, as an agent of the Governmental Unit or of construing the Governmental Unit, including its officers, agents, volunteers and employees as an agent of the School District. The School District shall not represent that the SROs are employees or agents of the School District in any capacity. N. NO THIRDPARTY BENEFICIARIES. None of the terms or conditions in this Agreement gives or allows any claim, benefit, or right of action by any third person not a party hereto. Any person other than the Governmental Unit or the School District receiving services or benefits under this Agreement is only an incidental beneficiary. Nothing in this Agreement shall be deemed as a waiver of immunity or liability granted to the Governmental Unit and the School District under the Colorado Governmental Immunity Act Section 24-10-101, et seq. C.R.S.. TERM OF AGREEMENT The term of this Agreement shall be July 1, 2025 and shall continue in effect through and including June 30, 2026, unless earlier terminated as provided in Section II.J of this Agreement. This Agreement may only be renewed each year for one additional year upon the mutual written agreement of the Parties. IV. DISMISSAL, REASSIGNMENT, RETIREMENT OR RESIGNATION OF SROS; REPLACEMENT A. REMOVAL OF SRO. In the event the school administrator to which the SRO is assigned believes that the SRO is not effectively performing his/her duties and responsibilities, the administrator shall first speak with the SRO to clearly outline the responsibilities and expectations. Should the school administrator continue to be dissatisfied with the performance of the SRO, the school administrator may recommend in writing to the School District's Superintendent or designee, that the SRO be removed from the SRO Program. The Superintendent or designee shall review the reasons provided by the school administrator for the recommendation of removal of the SRO, and then he/she shall advise the SRO Supervisor or designee within ten (10) business days. The SRO Supervisor or designee may elect to meet with the Superintendent or designee and the SRO to mediate or resolve any issues that may exist. At such meeting, specified school staff members may be requested to be present. If the issues cannot be resolved within a reasonable period of time after the mediation, or if mediation is not sought by the Governmental Unit's Chief of Police or designee, then the SRO shall be dismissed from the SRO Program. Any vacancy in the SRO Program created by such dismissal shall be filled in the manner described in Subsection D of this Section. B. REASSIGNMENT. The Governmental Unit's Chief of Police or designee may dismiss or reassign the SRO or SRO Supervisor from the SRO Program at any time based upon Governmental Unit rules, regulations, policies or directives, or when it is in the best interests of the Governmental Unit as determined by the Chief of Police. Any vacancy in the SRO Program created by such dismissal or reassignment shall be filled in the manner described in Subsection D of this Section. C. SRO TRANSFERS. PROMOTIONS. The SRO or SRO Supervisor may be transferred or promoted from his/her SRO position during the school year at the discretion of the Governmental Unit's Chief of Police or designee with adjustment to the Parties' financial 10 obligations set forth in Section II.D. Transfer request decisions shall be made at the discretion of the Governmental Unit's Chief of Police or designee. Any vacancy created by such transfer or promotion shall be filled in the manner described in Subsection D of this Section. D. EFFECT OF SRO VACANCY. In the event of resignation, dismissal, promotion, retirement, rotation or transfer of the SRO, or in the case of long-term absences due to injury, illness, disability or other cause of more than five (5) calendar days, the Governmental Unit shall provide a replacement for the SRO as soon as reasonably practicable but no longer than thirty (30) calendar days of receiving notice of such absence, dismissal, resignation, promotion, retirement, rotation or transfer. When a replacement SRO is required, the Governmental Unit will assign SROs who have previous experience as an SRO to the extent possible or an officer who is otherwise compatible for school environments. If such replacement cannot be provided within the thirty (30) day timeframe due to personnel and staffing constraints of the Governmental Unit, the Governmental Unit's Chief of Police or designee may temporarily reallocate the school assignments of any existing SRO to ensure that, the middle school is assigned an SRO and the SRO Program is assigned an SRO Supervisor. Any reallocation of assignments shall be done in consultation with the School District. Should the vacancy or temporary assignment continue for longer than five (5) calendar days, the Parties' financial obligations pursuant to Section II.D shall be adjusted for all days there is a vacancy in the SRO position and the Parties agree to use best efforts to negotiate in good faith an adjustment of the School District's financial contribution for future quarters if the vacancy is expected to continue. lJ MISCELLANEOUS A. PRESERVATION OF IMMUNITY. Nothing in this Agreement shall be construed: (i) as a waiver by either party of immunity provided by common law or by statute, 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 an 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. B. INFORMATION SHARING. The appropriate Governmental Unit law enforcement agency, the School District, Boulder County District Attorney's Office, Boulder County Juvenile Probation, Boulder County Department of Social Services, Boulder County District Attorney's Office, and other governmental agencies have entered into a juvenile information exchange agreement and agree to abide by and share information that is in accordance with Colorado State law, C.R.S. § 19-3-303, that mandates the sharing of information between these separate agencies when dealing with delinquency, dependency, and neglect cases. C. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Boulder County, Colorado. 11 D. NO WAIVER. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Governmental Unit or the School District shall not constitute a waiver of any of the other terms or obligation of this Agreement. E. NOTICE. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first-class U.S. Mail to the party at the address set forth below: To School District: Superintendent 395 South Pratt Parkway Longmont, CO 80501 To Governmental Unit: Chief of Police 9950 Park Avenue Firestone, CO 80504 F. SEVERABILITY. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. ASSIGNMENT. Neither this Agreement nor any of the rights or obligations of the parties shall be assigned by either party without the written consent of the other. H. NON-APPROPRIATION/TABOR. The parties understand and acknowledge that the Governmental Unit and the School District are subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi -fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, any payment obligation of the School District is expressly dependent and conditioned upon the continuing availability of funds beyond the term of the current fiscal period ending upon the next succeeding June 30. Financial obligations payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the School District, as applicable, and other applicable law. Notwithstanding any other provision of this Agreement concerning termination, upon the School District's failure to appropriate such funds, this Agreement shall automatically terminate. I. BINDING ARBITRATION PROHIBITED. Neither party agrees to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. J. AUTHORITY OF PARTIES/SIGNATORIES. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement 12 binding on such party and enforceable in accordance with its terms. [Remainder of page intentionally left blank; signatures appear on following page.] 13 EXECUTED THIS oQ I c DAY O 4P t 2026 CEO a'() Carranco, Deputy Town Clerk APPROVED AS TO FORM: Marsha ertl artin, Town rney 14 ST. VRAIN VALLEY SCHOOL DISTRICT Jackie Kapushion, Superintendent St. Wain Valley School District RE-IJ SEAL EXHIBIT A School Resource Officer Compensation A. School Year This document is an exhibit to the INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE -1J FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM and applies to the fiscal year July 1, 2025 through June 30, 2026. B. School Sites School District school sites involved in the School Resource Officer Program shall be determined prior to the start of each school calendar (August -May) and should include School Resource Officer ("SRO") staffing expectations. School sites chosen for the 2025-26 school year are: Prairie Ridge Elementary I SRO Centennial Elementary Coal Ridge Middle school SRO support upon request at Middle/Elementary schools C. Compensation by School Year 1. 2025-26 School Year. For the 2025-26 school year, School District shall pay to the Governmental Unit at a minimum the estimated costs listed below as its portion of the 2025 salaries of the SROs for the schools identified in paragraph B above: 1 SRO at 50% of every 3 months 2025 salary = $13,980.00 Annual Salary 2025 = $111,841.60 Total Payment for 2025-26 school year = $41,940.60 2. Extra Duty Pay. For extra duty employment of an SRO the School District will remit to the Governmental Unit a sum equal to S 80.66 per hour of the extra -duty employment. Said payment will cover the applicable rate of compensation to the officer plus the 15 Governmental Unit's additional costs, including but not limited to overtime compensation, payroll taxes, and other benefits and costs. CERTIFICATION OF AVAILABLE FUNDS Executed this _ day of , 20_ 16 I hereby certify that the School District has budgeted sufficient funds to pay its respective costs for the School Resource Officer Program for the school year identified in paragraph C above. SCHOOL DISTRICT 94ekiL /�fzl4/a.i Dr. Jackie Kapushion, Superintendent St. Wain Valley School District RE -1J I hereby certify that the Governmental Unit of the Town of Firestone did budget sufficient funds to pay its respective costs for the School Resource Officer Program for the school year identified in paragraph C above. I further represent that the appropriate Governmental Unite police or sheriff's office, as applicable, obtained sufficient funding in its 2025-2026 budget to pay its respective costs for the School Resource Officer Program. OF Va�l�i caieg.- 202& (f Don Conyttc,-T.m Town of Firestone 17