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HomeMy WebLinkAbout10033RESOLUTION NO. 10033 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO SCHOOL DISTRICT #60 AND THE CITY OF PUEBLO FOR THE SCHOOL RESOURCE OFFICER PROGRAM AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT: SECTION 1. The agreement between School District #60 and the City of Pueblo pertaining to the School Resource Officer Program, a copy of which is attached hereto, is hereby approved. SECTION 2. The President of the City Council is authorized to execute the agreement in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED January 12, 2004 BY Michael Occhiato Councilperson APPROVED: itif PRES{ £NT OF CITY COUNCIL ATTESTED BY: CITY CLERK P N M I Background Paper for Proposed RESOLUTION 1 Wo. #/00:33 AGENDA ITEM #3 DATE: January 12, 2004 DEPARTMENT: CITY MANAGER'S OFFICE LEE R. EVETT, CITY MANAGER DAVE GALLI, DEPUTY CITY MANAGER TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO SCHOOL DISTRICT #60 AND THE CITY OF PUEBLO FOR THE SCHOOL RESOURCE OFFICER PROGRAM AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE In the latter part of 2003, City staff met with the staff from School District #60 concerning the School Resource Officer Program. This resolution approves an agreement incorporating the specks of those negotiations. Under this agreement, the City shall designate 11 Police Department employees to serve as School Resource Officers in the four District 60 high schools, the six District 60 middle schools, and the Keating School. Under this agreement, the School District will reimburse the City $423,500 in 2004 for the cost of the 11 officers. This is based on an annual cost of $70,000 per officer with the District paying 55% of that cost. RECOMMENDATION Approval of the resolution. FINANCIAL IMPACT The City will receive in 2004 as reimbursement from the School District $423,500. This will be paid in monthly installments of $42,350 over 10 months (January through June and September through December). This amount has already been budgeted as revenue in the City's 2004 budget. AGREEMENT THIS AGREEMENT is made and entered into as ofJanuary 1, 2004 by and between Pueblo School District No. 60 (hereinafter referred to as the "District "), 315 West 11th Street, Pueblo, Colorado, and the City of Pueblo, a Municipal Corporation, for and on behalf of its Police Department ( "City "), 1 City Hall Place, Pueblo, Colorado. WHEREAS, City and District have for several years undertaken a cooperative and cost - shared program known as the School Resource Officer Program (hereinafter referred to as the "Program "), involving the placement of a City police officer in each of District's high schools (grades 9 through 12) and District's middle schools (grades 6, 7 and 8) in order to enhance safety and reduce crime within the schools, to provide other law enforcement assistance to students and their families, and to enable students to internalize and accept a positive police presence as a societal norm; and WHEREAS, City and District mutually desire to extend the Program through calendar year 2004; and WHEREAS, the District has authority to enter an agreement with respect to the Program pursuant to law, including but not limited to §22 -32 -122 and §29 -1 -203, C.R.S.; and WHEREAS, it is necessary and appropriate for the City and District to enter into a written agreement setting forth their respective obligations and other terms and conditions for the Program with respect to District's middle schools, including the agreement of the parties with respect to cost sharing for the Program covering the period of the Grant; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the parties agree as follows: I. OBLIGATIONS OF CITY A. City shall designate certain Police Department employees associated with the Program to utilize space to be provided by District at each of District's four high schools, Keating school, and at each of District's six middle schools (a total of eleven Police Department employees), in order to provide law enforcement assistance and safety enhancing services for the District and its students. The designated City employees may also develop and conduct additional programs which serve the purposes of the Program; provided that the nature of such additional programs shall be approved in advance by the District. The District is familiar with the services and activities currently being conducted under the Program at the high schools and middle schools and agrees that these services and activities, to the extent determined appropriate by the District, as shown in Exhibit I attached hereto, may be undertaken at each high school, Keating school, and middle school. The designated City employees will, at all times during the effective term of this Agreement, remain employees of City. City will be responsible for providing such individual(s) with payment ofwages, health care benefits, and Workers' Compensation Insurance (including occupational disease) in accordance with applicable workers' compensation laws, FICA, and other requirements of law. Such City employees shall report to the City's assigned Program supervisor in the performance of services under this Agreement. City may, from time to time, reassign its employees and designate one or more replacement school resource officers at any time. B. Notwithstanding anything contained herein to the contrary, any liability of the City hereunder shall be subject to the conditions precedent and limits on liability set forth in the Colorado Governmental Immunity Act. C. The parties understand and agree that City shall, at all times during the term of this Agreement, be deemed an independent contractor and not an employees of the District, and shall be responsible in accordance with law for all withholding taxes, social security, unemployment, workers' compensation, and/or other employment taxes with respect to its employees, and shall indemnify and hold the District harmless from and against any and all claims for the same. II. OBLIGATIONS OF THE DISTRICT A. The District shall designate an office space at each high school, Keating school, and each middle school mutually agreed upon by City and the Principal, and will provide such space, including light and heat, at no charge to City, for the exclusive use of City's officers. District shall also furnish, at District's expense, for the use of the assigned police officers at each school within the office space, the following items: one desk, three chairs, a telephone with at least one outside phone line, and a lockable three - drawer file cabinet which file cabinet shall be for the exclusive use of City's officers. Except to the extent inconsistent with this Agreement, School Board policy as set forth in Policy KF and KF -R, attached hereto and made a part hereof, will apply to this use of school facilities. B. The designated office space shall be available to City's assigned officers at all times when a school is open for educational or extracurricular activities. In addition, the District shall make reasonable effort to accommodate the City's need, in connection with the Program, to use such designated space at other hours when the school may not otherwise be open. Except in emergency circumstances, the District shall provide City at least 72 hour notification if the portion of the building allocated herein to City becomes temporarily unavailable. C. (1) The District shall promptly reimburse City during the months of January through June and September through December of calendar year 2004, within 10 days of receipt of an invoice from City, for District's share of the Program cost, the sum of $42,350.00. If District defaults in the payment of its share of the Program cost, City may terminate this Agreement upon ten days prior written notice. (2) Both District and City are political subdivisions of the State of Colorado. City's Fiscal Year ends on December 31 of each calendar year, and District's Fiscal Year ends on June 30 of each calendar year. If either party does not appropriate sufficient funds to fulfill its cost sharing obligation under this Agreement for any Fiscal Year, then this Agreement shall be terminated -2- effective upon expiration of the Fiscal Year (of the party that does not appropriate sufficient funds) in respect of which sufficient funds to make cost sharing payment were last appropriated. (3) In the event of an early termination of this Agreement under this section ILC. of this Agreement, any obligations of City to furnish officers for District's schools shall cease. D. Notwithstanding anything contained herein to the contrary, any liability of the District hereunder shall be subject to the conditions precedent and limits on the liability set forth in the Colorado Governmental Immunity Act. E. The parties understand and agree that the District shall, at all times during the term of this Agreement, be deemed an independent contractor and not an employee of City, and shall be responsible in accordance with law for all withholding taxes, social security, unemployment, workers' compensation, and /or other employment taxes with respect to its employees, and shall indemnify and hold City harmless from and against any and all claims for the same. III. TERM /TERMINATION Unless sooner terminated as provided herein, this Agreement shall commence January 1, 2004, and shall terminate December 31, 2004. IV. THIRD -PARTY RIGHTS NOT CREATED This Agreement is not intended and shall not create any duty to any student, teacher, District employee, parent or any other person, firm or entity with regard to the provision of any law enforcement services, security, level of safety, or activities undertaken by City's officers or conditions resulting therefrom. No student, teacher, District employee, parent or other person, firm or entity shall be granted or have any private right of action, claim or civil liability remedy against the City or the District, or their respective officers, employees or agents, by virtue of this Agreement. Nothing in this Agreement shall be construed to create any liability, or to waive any of the immunities, limitations on liability or other provisions of the Governmental Immunity Act, §24 -10- 101 et SeMc ., C.R.S., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo, the District, or their officers, employees or agents. V. OTHER A. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made by written document signed by the parties. Any delegation or assignment of this Agreement by either party, without the prior written consent of the other party, shall be void. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. -3- B. This Agreement is intended to govern the agreement of the parties only with respect to conduct of the Program in District's high schools, Keating school, and middle schools. C. The District certifies that neither it nor any members of its Board of Education, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities undertaken with federal financial assistance pursuant to this Agreement, nor has an interest in any contract , subcontract or agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. The District further agrees that it shall avoid all conflicts of interest which are prohibited by applicable federal regulations. D. In the event this Agreement or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the parties will immediately begin negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the parties. E. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of its provisions. F. Except as set forth elsewhere in this paragraph, all notices to be given under this Agreement shall be made in writing, and shall be sufficient if delivered personally, or mailed by First Class United States Mail, postage prepaid, to the other party at the following addresses: If to the District: Pueblo School District No. 60 Attn: Superintendent 315 W. 11th Street Pueblo, CO 81003 Telephone: (719)549 -7100 If to the City: Pueblo Police Department Attn: Chief of Police 130 Central Main Street Pueblo, CO 81003 Telephone: (719) 549 -1250 IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. PUEBLO SCHOOL DISTRICT NO. 60 By By Kathleen Kennedy President, Board of Education for School District No. 60 CITY OF PUEBLO, a Municipal Corporation Presiders f the City Counc! ss Attest: City k Approved as to form: City Attorney -5-