HomeMy WebLinkAbout08291ORDINANCE NO. 8291
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
BOARD OF EDUCATION, SCHOOL DISTRICT 60, PUEBLO,
COLORADO DBA PUEBLO CITY SCHOOLS, AND THE CITY OF
PUEBLO FOR THE SCHOOL RESOURCE OFFICER PROGRAM
DURING THE CALENDAR YEAR 2011 AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of
Pueblo, including its Police Department, to approve and enter into Agreements; and
WHEREAS, approval of the Agreement for the purposes for which it has been made
is in the best interest of the City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement dated January 1, 2011 between the Board of Education, School
District 60, Pueblo, Colorado dba Pueblo City Schools, and the City of Pueblo, a Municipal
Corporation pertaining to the School Resource Officer Program during calendar year 2011,
a copy of which is attached hereto, having been approved as to form by the City Attorney, 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: November 22, 2010
BY: Leroy Garcia
COUNCILPERSON
PASSED AND APPROVED: December 13, 2010
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R-3
DATE:
November 22, 2010
DEPARTMENT:
POLICE DEPARTMENT
CHIEF JAMES W. BILLINGS, JR.
TITLE
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN BOARD OF
EDUCATION, SCHOOL DISTRICT 60, PUEBLO, COLORADO DBA PUEBLO CITY
SCHOOLS, AND THE CITY OF PUEBLO FOR THE SCHOOL RESOURCE OFFICER
PROGRAM DURING THE CALENDAR YEAR 2011 AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
This Ordinance approves an agreement between Pueblo School District 60, dba Pueblo
City Schools, and the City of Pueblo regarding the School Resource Officer Program.
This agreement is an extension of services that have been provided since 1999. In
order to provide law enforcement assistance and safety enhancing services for Pueblo
School District 60, dba Pueblo City Schools, and its students, the City shall designate
10 Police Officers to serve as School Resource Officers in the four District 60 high
schools and in the six middle schools, and an additional 4 Police Officers in the
elementary schools.
RECOMMENDATION
The department recommends approval of this Ordinance.
FINANCIAL IMPACT
The City will receive $152,678.00 per quarter during calendar 2011. The quarterly
payments will be made on the last day of March, June, September and December.
School District 60’s total share cost is $610,712.00.
AGREEMENT
THIS AGREEMENT is made and entered into as of January 1, 2011 by and between the Board
of Education, School District No 60, Pueblo, Colorado dba Pueblo City Schools (hereinafter
referred to as the "District "), 315 West 11 Street, Pueblo, Colorado, and the City of Pueblo, a
Municipal Corporation, for and on behalf of its Police Department (hereinafter referred to as the
"City "), 200 South Main, Pueblo, Colorado
WHEREAS, City and District have for several years undertaken a cooperative and cost - shared
program knows 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 through 8) and the designation of
4 City Police Officers to District's elementary schools 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 presence as a societal
norm, and
WHEREAS, City and District mutually desire to extend the Program through calendar year 2011
subject to annual appropriation, 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 -1222 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 and at each of District's six middle schools (a total of ten 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, middle schools, and elementary schools and agrees that
these services and activities may be undertaken at each high 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 employee 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
11 OBLIGATIONS OF THE DISTRICT.
A. The District shall designate an office space at each high 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 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 fourteen (14) Police Officers in District's high schools,
middle schools, and elementary schools, $152,678 00 per quarter during calendar 2011
For purposes hereof, a quarter means consecutive three calendar month periods ending
on the last day of March, June, September and December of each calendar year
(b) If District defaults in any quarterly 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 that party shall promptly
notify the other party of such non - appropriation and 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
II D of this Agreement, any obligation of City to furnish Police Officers for the Program at
District's schools shall cease
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 on
January 1, 2011 and terminate on December 31, 2011
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 seq , 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 of the Program in District's high schools, 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 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 heading 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 60
Attention Superintendent
315 W 1 1 th Street
Pueblo, CO 81003
Telephone (719) 549 -7100
If to the City Pueblo Police Department
Attention Chief of Police
200 South 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
BOARD OF EDUCATION, SCHOOL
DISTRICT 60,
PUEBLO, COLORADO CITY OF PUEBLO, a Municipal Corporation
B M .t t A i:►� ► _ _ ` By . p � W
'reside ", =oard o ducation, resident of the City Council
School District 60
Attest:
City rk
Approved as to form
City Attorney