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HomeMy WebLinkAbout10370RESOLUTION NO. 10370 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 the same. INTRODUCED April 11, 2005 BY Jeff Chostner Councilperson APPROVED: PRES1DENT 9F CITY C IL ATTESTED BY: CITY CLERK a Background Paper for Proposed RESOLUTION AGENDA ITEM DATE: April 11, 2005 &O.W/0370 Is DEPARTMENT: CITY MANAGER'S OFFICE DAVE GALLI, CITY MANAGER DOUG FITZGERALD, ASSISTANT 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 2004, the City was awarded a grant from the U.S. Department of Justice to hire four Police Officers to serve as School Resource Officers in the District 60 elementary schools. This would be in addition to the 11 Police Officers currently serving as School Resource Officers in the District 60 middle schools and high schools. As a condition of the grant, the City must maintain their current staffing level of Police Officers during the entire term of this grant, which is four years. If the City does not maintain this staffing level, we are obligated to repay the Federal grant money. This agreement is for a four -year period subject to annual appropriation, which obligates the School District to provide their share of the funding for all 15 School Resource Officers (the four new elementary officers and the 11 middle school and high school officers). Under this agreement, if the School District fails to fund their share of the program, the District is obligated to repay half of the Federal grant money to the Department of Justice. Under the agreement, the City is obligated to provide the 15 officers to serve as the School Resource Officers for School District 60. RECOMMENDATION Approval of the resolution. FINANCIAL IMPACT The City will receive as reimbursement from the School District for the four elementary school officers the following amounts: For the Period of October 2004 through September 2005 $20,420.50 For the Period of October 2005 through September 2006 $37,190.50 For the Period of October 2006 through September 2007 $44,005.00 For the Period of October 2007 through September 2008 $144,082.00 The District 60 middle schools and high schools, the District will pay the amount of $435,782 for calendar year 2005. That amount will be increased annually for the years 2006, 2007, and 2008 based on the percentage increase in the School District's total program as allowed under the Public School Finance Act for each year. AGREEMENT THIS AGREEMENT is made and entered into as of January 1, 2005 by and between Pueblo School District No. 60 (hereinafter referred to as the "District "), 315 West 11 th 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 2008 subject to annual appropriation; and WHEREAS, District and City mutually desire to include District's elementary schools in the Program; 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, including the agreement of the parties with respect to cost sharing for the Program. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, City and District agree as follows: I. OBLIGATIONS OF CITY A. City shall designate certain City Police Officers in the Pueblo Police Department (Police Officers) 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 Officers), in order to provide law enforcement assistance and safety enhancing services for the District and its students. In addition, City will designate four (4) Police Officers associated with the Program to provide law enforcement assistance and safety enhancing services for the District and its students at District's elementary schools during mutually agreed upon dates and times when the elementary schools are open for educational activities. The designated Police Officers 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, Keating school, and middle schools and agrees that these services and activities may be undertaken at each high school, Keating school, middle school, and elementary school. The designated Police Officers 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 of wages, health care benefits, and Workers' Compensation Insurance (including occupational disease) in accordance with applicable workers' compensation laws, FICA, and other requirements of law. Such Police Officers 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 Police 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 Police 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. B. The designated office space shall be available to City's assigned Police 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. With respect to District's elementary schools, District shall coordinate the Program activities with City's four (4) Police Officers and reasonably accommodate their presence in its elementary schools for such purpose. D. (1) District shall promptly pay to City for District's share of Program costs within ten (10) days of receipt of a billing from the City as follows: (a) For City's eleven (11) Police Officers in District's high schools, Keating school, and middle schools, $108,945.50 per quarter during calendar 2005. The amount payable quarterly during calendar years 2006, 2007 and 2008 shall be cumulatively increased by the percentage increase in District's total program under the Public School Finance Act of 1994 for District's fiscal years 2005 -06; 2006 -07, and 2007 -08. Within thirty (30) days after the adoption of District's budget for each fiscal year after fiscal year 2004- -2- 2005, District shall notify City in writing the amount of such percentage increase. For purposes hereof "quarter" means consecutive three calendar month periods ending on the first day of March, June, September and December of each calendar year. (b) For City's four (4) Police Officers in District's elementary schools, the following annual amounts: Grant Period District's Share Payment Date October 2004 — September 2005 $ 20,420.50 March 31, 2005 October 2005 — September 2006 $ 37,190.50 March 31, 2006 October 2006 — September 2007 $ 44,005.00 March 31, 2007 October 2007 — September 2008 $144,082.00 Quarterly City shall bill District in March of each year for the years 2005 through 2007 while the grant is in effect. Upon conclusion of the grant in September 2007, City shall bill the District in quarterly installments of $36,020.50 due on the last day of December 2007, March 2008, June 2008, and September 2008. (c) If District defaults in the payment of its share of Program costs, City may terminate this Agreement upon ten (10) 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 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 H.D. of this Agreement, any obligation of City to furnish Police Officers for the Program at District's schools shall cease. (4) District understands that City has staffing level obligations under the U.S. Department of Justice Grant No. 2004SHA X0061 ( "Grant ") which provides grant funding for the four (4) Police Officers providing services for the Program at District's elementary schools. These staffing level obligations require the City to retain during the 36 -month Grant period and during one full City budget cycle thereafter these four (4) Police Officers in addition to all police officer positions in the City of Pueblo existing at the time the application for the Grant was submitted. City and District agree that in order for the City to fulfill its staffing level obligations, it is essential that District pay its share of the Program costs in accordance with the payment schedules set forth above. Therefore, if this Agreement is terminated as a result of District's default in the payment of its share of Program costs in accordance with the payment schedules set forth above, or District's failure to appropriate sufficient funds to fulfill its cost sharing obligations hereunder, District shall pay to or reimburse the City one -half (50 %) of all amounts that the City is required to actually pay to or actually reimburse the U.S. Department of Justice for failure to meet and comply with City's staffing level obligations under the Grant. E. 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. F. 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 with respect to the Program in District's elementary schools on October 4, 2004 and with respect to the Program in District's high schools, Keating school, and middle schools on January 1, 2005, and shall terminate with respect to District's elementary schools on October 4, 2008 and with respect to District's high schools, Keating School, and middle schools on December 31, 2008. IV. THMD -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 gt 5M., C.R.S., or to waive any immunities or limitations on liability otherwise available to the City, 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. B. This Agreement is intended to govern the agreement of the parties only with respect to conduct ofthe Program in District's high schools, Keating school, middle schools and elementary 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 -4- 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 and the City further agree that each respectively 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)553 -2420 IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. PUEBLO SCHOOL DISTRICT By Kathleen Kennedy President, Board of Education for School District No. 60 Attest: Approved as to form: City Attomey -5- r1rrV ('1F PT TFRT n