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Home My WebLink About 19-66 Imagine Charter School SRO IGARESOLUTION 19-66 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND IMAGINE CHARTER SCHOOL AT FIRESTONE FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM WI-IEREAS, the Town and the commtunity are significantly impacted by the demands placed upon them to address incidents and situations directly or indirectly related to juveniles and schools; and Wl-IEREAS, the problems of delinquency, alcohol and substance abLise, gang involvement and other youth related problems which negatively affect the community and the schools can best be addressed in a proactive and preventive manner; and WHEREAS, the Town of Firestone and Imagine Charter School at Firestone have jointly developed a school resource officer program to establish a positive relationship between students and law enforcement and to prevent delinquency, alcohol and substance abuse, and other issues affecting the community's youth; and WHEREAS, such programs are recognized as being effective in the development of a positive relationship between law enforcement and youth and in the prevention of delinquency and other youth issues. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Intergovernmental Agreement between the Town of Firestone and Imagine Charter School at Firestone, for a School Resource Officer Program, is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 24th day of Jam, 2019. sTo ► :.k WWI, . . 16=01 ATTEST: I , 4 Leah Vanarsdall, Town Clerk AS TO FORM: � Willi Hayashi, Town Attorney INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND IMAGINE CHARTER SCHOOL AT FIRESTONE FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM THIS INTERGOVERNMENTAL AGREEMENT (Agreement) is made by and between the TOWN OF FIRESTONE (Town) and IMAGINE CHARTER SCHOOL AT FIRESTONE (School). WHEREAS, the Town of Firestone, the School, 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 preventive manner; and WHEREAS, the Town of Firestone and the School have jointly developed a school resource officer 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; 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 delinquency; NOW, THEREFORE, FOR AND IN CONSIDERATION of the covenants and agreements below appearing, the parties agree as follows: I. SCOPE OF SERVICES A. The School Resource Officer shall be assigned to work with the administration, faculty, and students of Imagine Charter School at Firestone, and may perfo�•m functions including, but not limited to, the following: 1. Assist in the prevention and control of crime, delinquency, truancy, and disorder on the campuses and in the immediate area of the schools if students are involved. 2. Conduct or assist in the investigation of offenses on campus. 3. Provide presentations and available educational resources in the following areas: alcohol and substance abuse, law -related education, criminal justice system orientation, delinquency prevention, gang involvement and awareness, and community responsibility, for students, parents, and other groups associated with the schools. 4. As requested by Schools' staff, provide instructional resources for classroom presentations, as time permits. 1 5. Enforce state statutes and municipal 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 campuses. 8. Provide visible presence on the campuses. 9. Assist campus monitors with appropriate monitoring and enforcement in the parking lots and other grounds of the schools. 10. Attend school -related functions during normal classroom hours. Officer may be asked to adjust his/her hours from time to time to attend social events such as school dances and sporting events, etc. This type of adjustment is generally reserved for the Middle School. 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 parents. 12. Provide a monthly report of activities to the School Security Director. II. PROGRAM ADMINISTRATION A. Employment. The School Resource Officer shall be a regular employee and certified police officer of the Town of Firestone. The Officer will be subject to the ordinances, policies, procedures, rules, regulations, directives, and orders of the Town of Firestone. The Officer also will comply with the policies and regulations of the School, to the extent that such policies and regulations are not in conflict with those of the Town of Firestone; are not in conflict with other terms contained herein or with direction of the Town of Firestone; and are not in conflict with federal, state or Town laws. B. Salary and Benefits. The School Resource Officer will receive salary and employee benefits and normally issued equipment and supplies from and as determined by the Town of Firestone. The School Resource Officer Program is funded by the Town of Firestone and the School District. The School agrees to pay $37,248.37 to the Town, which such amount is equal to one-half of the School Resource Officer's annual salary prorated for a nine (9) month school period and which such amount is payable not more than 30 days after this Agreement has been executed. C. Schedule. The School Resource Officer will work a schedule that is established pursuant to and consistent with Town of Firestone policies and procedures, and subject to the Fair Labor Standards Act. Except as otherwise provided in this Agreement, during times when the Schools are in session, the School Resource Officer will devote such Officer's full shift to the School calendar day, except for required duties such as court appearances. During the Schools' summer vacation, spring break, holiday breaks, and on other days when the Schools are not in session, and the Officer is not involved in assigned School. related activities, the School Resource Officer will be assigned to duties in the Police 2 Department. In the event of an emergency, as determined by the Town of Firestone, 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 Town of Firestone scheduled throughout the year. D. Supervision. The School Resource Officer is subject to the Town of Firestone 's chain of command and the supervision of the assigned Town of Firestone supervisors. Day-to-day supervision will be assigned to Town of Firestone supervisors. The assigned Town of Firestone supervisor will be responsible for maintaining contact with the principals, School administration, and their management staffs. The School Resource Officer will work closely with school administrators 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 School, its officers, agents, or employees. E. Performance Appraisal. The School Resource Officer's performance will be evaluated consistent with the Town of Firestone policy and procedures by the assigned supervisor. The supervisor will accept input from the Schools' principals or their designees, but the Town's supervisor(s) alone shall be responsible for appraisals per the Town's policy and procedures. F. Vehicle; Facilities. As necessary to the duties of the position, and subject to availability, the School Resource Officer will be provided on -duty use of a Town of Firestone vehicle. The School shall provide the Officer with access to office facilities at the School appropriate to the conduct of their on -site duties. G. Liability Coverage. The Town of Firestone and the School shall exchange evidence of insurance showing general liability coverage for the School and general liability and law enforcement liability coverages for the Town of Firestone in the minimum amounts of the per occurrence and aggregate liability limits of the Colorado Governmental Immunity Act, for protection from claims for bodily injury, death, property damage, or personal injury which may arise through the performance of this Agreement. Such evidence shall be approved by each recipient, through, respectively, the Town of Firestone's Town Administrator and School Principal, prior to the commencement of this Agreement. H. Termination. This Agreement may be terminated without cause by either the Town of Firestone or the School upon 30 days' written notice. Upon termination, any funds provided by the School shall be prorated and returned to the School. Notice shall be given to the Town of Firestone Police Chief or the School Principal as appropriate. I. Entire Agreement, This Intergovernmental Agreement contains the entire agreement of the parties. 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 this Intergovernmental Agreement is intended or shall be construed as in any way establishing the relationship of co-partners or a joint venture between the Town of Firestone and the School, or as construing the School, including its officers, agents, volunteers and employees, as an agent of the Town of Firestone, or as construing the Town, including its officers, agents, volunteers and employees, as an agent of the School. 3 The School 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 School in any capacity. The School Resource Officer shall remain solely an employee of the Town of Firestone. 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 Town of Firestone or School receiving services or benefits under this Contract is only an incidental beneficiary. Nothing in this Intergovernmental Agreement shall be construed as or deemed to constitute a waiver by either party of any immunity, liability limits or other liability protections granted to the Town of Firestone or the School, or their officers, employees or volunteers, under the Colorado Governmental Immunity Act, any other state or federal law, or common law. III. TERM OF CONTRACT The terms of this Agreement shall be effective August 1 2019 and shall continue through May 31 2020 unless sooner terminated as provided herein. PRESERVATION OF IMMiTNITY. 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 24-10401, 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. EXECUTED THIS '�`"� � DAY OF , 2019 TOWN OF FIRESTONE Imagine Charter School at Firestone Bobby-�indelar � � ��:� iO��c Jessica Cervantes \® AT EST: P Town Clerk Town of Firestone m