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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/2004 - ITEMS RELATING TO THE CONTRACT RENEWAL BETWEEN THE ITEM NUMBER: 24 A-B AGENDA ITEM SUMMARY DATE: July6, 2004 FORT COLLINS CITY COUNCIL STAFF: Don Vagge SUBJECT Items Relating to the Contract Renewal Between the City of Fort Collins and Poudre School District Concerning the School Resource Officer Program. RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. FINANCIAL IMPACT The majority of the language in this contract renewal pertains to routine housekeeping items; however, the contract also authorizes one additional School Resource Officer position which will be used to staff the new high school, Fossil Ridge High. Poudre School District has agreed to pay $104,212 of the$123,348 first year costs associated with this additional position and$86,300 of the $93,617 of the on-going costs for this position. The balance of these costs will be handled within the existing Police Services budget. EXECUTIVE SUMMARY A. Resolution 2004-079 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Poudre School District to Provide School Resource Officers. B. First Reading of Ordinance No. 112, 2004, Appropriating Unanticipated Revenue in the General Fund for the School Resource Officer Program. This Resolution also authorizes that future amendments to the contract or future replacement agreements may be executed by the City Manager to further this project specifically approved by the Council under City Code Section 1-19(b)(2). In April 1995,Fort Collins Police Services and Poudre School District created a mutually beneficial partnership through the School Resource Officer Program. Initially, this program assigned three officers to the primary high schools. Since that time the program has grown and now includes officers assigned to the primary high schools and all junior high schools within the city limits of Fort Collins. Services are also provided to the elementary feeder schools. The primary goals of the program is: July 6, 2004 -2- Item No. 24 A-B 1. Provide a safe learning environment and help reduce school violence; 2. Improve school and law enforcement collaboration; and 3. Improve perceptions and relations between students, staff and law enforcement officials. The proposed contract is the third renewal of this partnership. The majority of changes in this version are of a routine housekeeping nature. However, as Poudre School District prepares to open its newest high school, Fossil Ridge High School, this contract also expands the School Resource Officer Program by one additional officer to staff that school. Through negotiations,Poudre School District has agreed to pay$104,212 of the $123,348 first year costs associated with this additional position and $86,300 of the $93,617 of the on-going costs for this position. These figures were derived through an analysis of costs that were directly associated with the officer's primary assignment in the school for approximately nine months of the year, as compared to an officer assigned to routine duty throughout the City. Attachment "1" shows the breakdown of the agreed upon expenses. Police Services is not seeking any additional monies from Council for this position, but does request the appropriation of $104,212 once these funds are received by the City from Poudre School District. This payment is anticipated on or before September 15, 2004. ATTACHMENT 2004 Police Officer $123,3481st Year City of Fort Collins and PSD Expense Comparison $93,617 Ongoing POSITION: Police Officer Salary/Benefits: $69,263(Level 111) 2004 Cit Costs 2004 PSD Costs ASSOCIATED COSTS: On oin One time On oing One time Mandated Costs by City: 25%Space allocation (Police Officer) 5,883 Firearms: Ammunition 150 200 Hiring/Training: Academy 5,000 Hiring Costs 3,060 Lab Supplies: Film& Photo Processing 96 Lab Supplies 113 227 Logistics: Office supplies(ave) Groupwise 104 Telephone (voicemail) 96 Clothing Allowance 281 Dry Cleaning 369 Pager 148 Summons/Form Expenses 258 Cell phone Reimbursement Tuition Reimbursement 1,000 Current CDPD 600 50 Radio Maintenance Contract 600 Patrol: Uniforms/Equipment(Including Shotgun) 1,802 7,875 Vehicle UP 8,000 Equipment Fund Rents/Outside Vehicle Repair 3,200 1,500 Motor Fuel&Oil 850 Training 1,000 Officer Overtime 5,792 FTO Program O/T 5,832 2004 city 2004 PSD A: Ongoing: Sal/Bones 0 69,263 B: Ongoing: Operating 7,317 17,037 C: One time:Operating 11,819 17,912 FIr­st Year Costs 19,138 15.5% 104,212 84.5% Ongoing Costs 7,317 7.8% 86,300 92.2% RESOLUTION 2004-079 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE POUDRE SCHOOL DISTRICT TO PROVIDE SCHOOL RESOURCE OFFICERS WHEREAS, effective April 12, 1995, the District, the City, the County of Larimer and the Larimer County Sheriff entered into an Intergovernmental Agreement to implement the School Resource Officer Program (hereinafter referred to as the "First SRO Agreement"); and WHEREAS, the goals of the School Resource Officer Program (hereinafter referred to as "the Program") are to: 1. Provide a safe learning environment and help reduce school violence; 2. Improve school law enforcement collaboration; and 3. Improve perceptions and relations between students, staff and law enforcement officials; and WHEREAS, the District and the City both recognize the outstanding benefits that the Program has for the citizens of the City and the District and particularly for the students of the District's schools located within the City; and WHEREAS, it is the intent of the District and the City that this Agreement replace and supersede in all respects the amended agreement between the parties as it relates to the agreements contained therein between the District and the City; and WHEREAS, the District has proposed an expansion of the Program to include the City assigning an additional School Resource Officer to the District's high schools; and WHEREAS, the parties agree that it is in the best interests of the District, the City, and the citizens of the City for the District and the City to continue and to expand the Program as set forth in the proposed "Agreement Between the Poudre School District R-1 and the City of Fort Collins for the School Resource Officer Program" which is attached hereto as Exhibit "A" (the "Agreement"); and WHEREAS,the City and the School District may wish to amend the agreement in the future to address among other things, funding and additional officers as the City grows and the District adds schools. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 1. That the Mayor is hereby authorized to execute the Agreement in substantially the form attached hereto as Exhibit "A" with such modifications and additional terms as the City Manager,in consultation with the City Attorney,determines are necessary and appropriate to protect the interests of the City. 2. That future amendments to the Agreement or future replacement agreements may be executed by the City Manager to further this project specifically approved by the Council under City Code Section 1-19(b)(2). 2004. Passed and adopted at a regular meeting of the City Council held this 6th day of July, A.D. Mayor ATTEST: City Clerk EXHIBIT "A" 1 Agreement Between 2 the Poudre School District R-1 and the City of Fort Collins 3 For 4 The School Resource Officer Program 5 6 7 THIS AGREEMENT is made and entered into by and between POUDRE SCHOOL 8 DISTRICT R-1 (hereinafter referred to as the 'District") AND THE CITY OF FORT 9 COLLINS, on behalf of FORT COLLINS POLICE SERVICES, (hereinafter referred to as the 10 "City"). 11 12 WITNESSETH: 13 14 A. Effective April 12, 1995, the District, the City, the County of Larimer and the Larimer 15 County Sheriff entered into an Intergovernmental Agreement to implement the School Resource 16 Officer Program (hereinafter referred to as the "First SRO Agreement"). 17 18 B. The goals of the School Resource Officer Program (hereinafter referred to as "the 19 Program") are to: 20 21 1. Provide a safe leaming environment and help reduce school violence; 22 23 2. Improve school law enforcement collaboration; and 24 25 3. Improve perceptions and relations between students, staff and law enforcement 26 officials. 27 28 C. The District and the City both recognize the outstanding benefits that the Program has for 29 the citizens of the City and the District and particularly for the students of the District's schools 30 located within the City. 31 32 D. It is the intent of the District and the City that this Agreement replace and supersede in all 33 respects the amended agreement between the parties as it relates to the agreements contained 34 therein between the District and the City. 35 36 NOW, THEREFORE, in consideration of the mutual promises and covenants herein 37 contained, and other good and valuable consideration, the receipt and adequacy of which are 38 hereby acknowledged, the District and the City hereby agree as follows: 39 40 ARTICLE I 41 42 Term 43 44 The parties agree to continue the Program as set forth in this Agreement in the District's 45 school system located within the City for the time period commencing on the effective date of 46 this Agreement and ending as provided in Articles VI and X of this Agreement. 47 48 ARTICLE II 49 50 Rights and Duties of the City 51 52 A. Assignment of School Resource Officers (hereinafter SROs) 53 54 1. The City shall assign one (1) School Resource Officer (hereinafter SRO) to each 55 of the following schools, for a total of four (4) SROs: 56 57 Poudre High School, 58 Fort Collins High School, 59 Fossil Ridge High School, and 60 Rocky Mountain High School. 61 62 2. In addition, the City shall assign, six (6) SROs to the following junior high 63 schools: 64 65 Blevins 66 Boltz 67 Lesher 68 Preston 69 Webber, and 70 Lincoln 71 72 3. Each SRO will also be assigned to feeder schools as determined by the SRO 73 Supervisor. The following is a total listing of feeder schools (within the Fort Collins City 74 limits): 75 76 Barton Discovery Center 77 Bacon Elementary School 78 Bauder Elementary School 79 Beattie Elementary School 80 Bennett Elementary School 81 Centennial High School 82 Dunn Elementary School 83 Fullana Complex 2 84 Hams Bilingual School 85 Washington Lab School 86 Irish Elementary School 87 Johnson Elementary School 88 Kruse Elementary School 89 Laurel Elementary School 90 Linton Elementary School 91 Lopez Elementary School 92 McGraw Elementary School 93 Moore Elementary School 94 Mountain View Annex 95 O'Dea Elementary School 96 Olander Elementary School 97 Putnam Elementary School 98 Riffenburgh Elementary School 99 Shepardson Elementary School 100 Teen Learning Center 101 Tavelli Elementary School 102 Traut Core Knowledge Elementary School 103 Werner Elementary School 104 Zach Elementary School 105 106 All elementary schools which are annexed into the City or which come into existence 107 during the term of this Agreement shall be considered feeder schools and will be assigned 108 a SRO as determined by the SRO Supervisor. If additional high schools or junior high 109 schools are annexed into the City or come into existence during the term of this 110 Agreement, the SROs assigned to high schools and junior high schools may be reassigned 111 to such additional schools by the SRO Supervisor in consultation with the District. It is 112 the intent of this agreement that the City and the District work in a good faith effort to 113 assign and fund a separate SRO to each and every high school and junior high school. If 114 such efforts fail, The City shall reallocate existing SRO assignments to provide SRO 115 services to the new junior high or high schools There will be no SROs assigned to 116 Charter Schools under the terms of this Agreement. 117 118 4. Each SRO shall have an office in his/her primary assigned school. Each SRO 119 assigned to multiple schools shall have an office in at least one of the schools. The 120 location and specifications of all offices shall be designated and approved by the 121 District's Executive Director of Operations. 122 123 124 5. The City shall assign the duties of supervision of the SROs to the SRO 125 Supervisor, who shall oversee the SROs within the City and shall perform scheduled and 126 non-scheduled visits to the schools. When practicable, during scheduled visits, the 3 127 Supervisor shall meet with the assigned SRO and school administrators and staff 128 designated by the principal. 129 130 6. When practicable, the SRO Supervisor, the SROs and the District's Security 131 Manager or his/her designee shall meet weekly at a time and location to be determined by 132 the parties to discuss problem, issues and concerns as they arise. 133 134 B. Regular Duty Hours of the SROs 135 136 1. The SROs shall be assigned to their primary school on a full-time basis of eight 137 (8) hours on those days and during those hours that the schools are in regular session. 138 The primary purpose of the Program is to provide services during normal school hours. 139 However, because it is sometimes desirable to have SROs attend school activities 140 conducted outside of normal school hours, the principal(s) of the assigned school(s) and 141 the assigned SRO may agree to adjust the working hours of the SRO provided that 142 overtime hours are not worked. A SRO may be temporarily reassigned by the City 143 during school holidays and vacations; or during the period of a law enforcement 144 emergency, as determined by the City. 145 146 C. Summer Vacation Duty of the SROs 147 148 1. The parties shall meet on or before April 15th of each year during the term 149 of this Agreement to determine the number of SROs the City shall provide during the 150 summer vacation period to provide the services required by this Agreement for summer 151 school. 152 153 D. Duties of the SRO 154 155 1. The SRO shall work during the hours school is in session and coordinate his/her 156 schedule with the school principal or his/her designee of the SRO's assigned school. 157 When schools are closed due to in-service training, the SRO, if invited by the school 158 administrators, may attend the in-service training or use those hours for SRO 159 administrative duties. The SRO shall try to schedule vacations and floating holidays 160 during periods when school is not in session. Any exceptions shall be approved by the 161 SRO Supervisor after consultation with the principal of any effected schools, the 162 Executive Director of Operations and the District Security Manager. 163 164 2. The SRO shall spend sixty percent (60%) of his/her time in uniform and drive a 165 marked patrol unit. While working in civilian clothes, the SRO shall comply with a dress 166 code that is determined and approved by the principal of the SRO's assigned school. 167 168 3. Subject to the SRO's discretion and law enforcement authority, the SRO shall 169 take appropriate law enforcement action as requested by school administrators. The SRO 170 may also take appropriate law enforcement action as required by law and Fort Collins 4 171 Police Services policy and must then notify the school administrator as soon as 172 practicable of any violations or actions which impact school discipline, order or safety 173 and such other violations and actions as the District reasonably requests be reported. This 174 may include interviewing suspects and victims of criminal violations, issuing 175 summonses, and addressing traffic concerns. Should it become necessary to conduct 176 formal law enforcement interviews with the students, the SRO shall adhere to District 177 policy, regulations and guidelines, Fort Collins Police Services policy, and legal 178 requirements with regard to such interviews. 179 180 4. The SRO shall assist other SROs or law enforcement agencies in conducting 181 investigations when requested or when required. 182 183 5. The SRO shall develop teaching expertise and assist faculty in instructing 184 specialized classes on such topics as the role of policing in the community, search and 185 seizure, traffic laws, crime prevention, victims' rights, community involvement, and 186 youth programs. In addition, the SRO shall encourage and participate in discussion 187 during classes to establish rapport with students. Any additions to the above instruction 188 must be mutually agreed upon by Fort Collins Police Services, the SRO Supervisor, and 189 the principal or his/her designee of the affected school. 190 191 6. The SRO shall seek permission, advice, and guidance from school administrators 192 prior to implementing any program within the school. 193 194 7. The SRO shall assist school administrators, staff, and faculty in developing 195 emergency procedures and emergency management plans to include prevention and/or 196 minimization of dangerous situations which may result from student unrest. 197 198 8. The SRO shall be familiar with and abide by all relevant District policies, 199 regulations and guidelines related to safety, student conduct and discipline issues, 200 including the District's Code of Conduct except to the extent such policies, regulations, 201 Code and guidelines conflict with his/her responsibilities as a law enforcement officer. 202 203 9. The SRO shall assist administrators, faculty and staff with law violations. It shall 204 be understood and agreed that a SRO, as a law enforcement officer, can only detain or 205 take into physical custody those students for whom there is reasonable suspicion or 206 probable cause that they have committed a criminal offense. The SRO shall not be used 207 for regularly assigned lunchroom duties, hall monitoring or other monitoring duties. If 208 there is a problem area, the SRO may assist the school until the problem is resolved. 209 210 211 10. The SRO shall develop a working relationship with student organizations, faculty, 212 staff members, District administrators, and community members. In addition, the SRO 213 may attend parent, faculty, student, administration or other meetings to provide 5 214 information regarding the Program and provide opportunities for involvement and 215 support. 216 217 11. The SRO shall coordinate enforcement efforts with campus supervisory 218 personnel, i.e., campus supervisors, campus security officers, hall monitors, parking 219 attendants and private security firm personnel. 220 221 12. The SRO shall maintain detailed, accurate, and up-to-date records as required by 222 Fort Collins Police Services, school administrators and central administrators, and submit 223 reports as requested. 224 225 13. The SRO shall work proactively with all law enforcement agencies that serve the 226 District community. 227 228 14. The SRO shall work proactively with students, parents, and faculty regarding 229 public safety and use problem-solving teams and programs to address issues. 230 231 15. The SRO shall provide information and referrals regarding community programs to 232 school administrators, staff, students and parents so that appropriate assistance can be 233 assessed. These programs may include mental health clinics, peer support, drug 234 treatment centers, etc. The SRO may make referrals to community agencies and 235 programs when necessary. The SRO shall refer students to the school or district 236 counselor as needed. Referral guidelines shall be determined by the school administrator. 237 238 16. The SRO may attend, whenever possible, selected school functions as 239 recommended by school administrators. 240 241 17. The SRO shall maintain confidentiality of any information obtained pursuant to 242 Title 19 of the Colorado Children's Code, and shall not disclose the information except as 243 provided by law or court order. 244 245 18. The SRO shall maintain confidentiality of District records and information in 246 accordance with Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, the 247 Family Educational Rights and Privacy Act and District policies. 248 249 19. The SRO shall coordinate with and inform the District's Executive Director of 250 Operations and the District's Security Manager of investigations and cases which have a 251 significant impact on a school or the district, or other such matters as are designated by 252 them or as required by law. 253 254 20. The SRO shall perform other duties which will promote the goals of the Program 255 and which are mutually agreed upon by the District and the City. 6 256 E. Training 257 258 1. Basic SRO training shall be provided to all new SROs prior to commencement of 259 employment as a SRO. Basic SRO training may be obtained through the Colorado 260 Association of SROs, the National Association of SROs or any other organization which 261 provides similar training. All costs of this training shall be paid by the City. 262 263 ARTICLE III 264 265 Facilities and Equipment 266 267 The District shall provide to the full-time SRO the following equipment and 268 facilities, which are deemed necessary to the performance of the SRO's duties under this 269 Agreement: 270 271 A. The SRO shall be provided an office to conduct matters of confidential business 272 and shall be provided access to records which are deemed necessary by the District. 273 Confidentiality of the records shall be maintained by the SRO. The SRO shall confer 274 with school administrators concerning confidentiality of records when necessary. 275 276 B. The District shall provide for the use of each SRO a desk and necessary office 277 furniture, a computer and printer and a pager or cellular phone. These items shall be paid 278 for by the District; provided, however, that the District shall deduct the cost of these 279 items from the payment it is required to make to the City under Article IV(B). 280 281 282 ARTICLE IV 283 284 Financing of the Program 285 286 A. To carry out the intent of the First and amended SRO Agreements and incorporate 287 that intent into this Agreement, except as provided in Article III, the City shall provide 288 and be solely responsible for all costs of five (5) SROs and one (1) SRO Supervisor to the 289 Program. 290 291 B. In consideration for the City providing to the District five (5) additional SROs 292 assigned as agreed upon by the SRO Supervisor and the District Executive Director of 293 Operations and District Security Manager, the District shall pay to the City the following: 294 295 1. $352,060.00 plus a percentage increase on this amount equal to the percentage 296 increase in funding that the District receives under the State's School Finance Act for the 297 District's fiscal year 2004/2005, plus $104,212. This payment shall be for services 298 provided for the District's 2004/2005 School Year. Payment shall be due on September 299 15,2004. 7 300 301 2. An amount equal to the previous years' payment, minus $17,912, plus a percentage 302 increase equal to the percentage increase in funding that the District receives under the 303 State's School Finance Act for the District's fiscal year 2005/2006. This payment shall 304 be for services provided for the District's 2005/2006 School Year. Payment shall be due 305 on September 15,2005.3. 306 307 3. Thereafter, the District shall pay to the City on September 15'of each year that this 308 Agreement is in effect, an amount equal to the previous years' payment plus a percentage 309 increase compounded annually on said amount equal to the percentage increase in 310 funding that the District receives under the State's School Finance Act for the District's 311 fiscal year in which the payment is made. 312 313 4. At this time, the costs of one (1) supervisor and administrative personnel shall be 314 the responsibility of the City. The District and the City shall work in good faith pursuant 315 to Article XII to come to an agreement regarding additional assignment and funding of 316 additional SROs and SRO supervisors, should the requirements of the district change, for 317 example, in the case of opening additional high schools or junior high schools. It is the 318 intent of this agreement that costs of the SROs and supervisors be shared equally between 319 the District and the City. 320 321 322 323 ARTICLE V 324 325 Evaluation 326 Prior to August 15th of each year during the term of this Agreement, the parties 327 shall evaluate the effectiveness of the Program and consider whether modifications to the 328 Program are necessary or advisable to accomplish its purposes. This evaluation is critical 329 to continue a successful program and the parties agree to invest sufficient time and effort 330 in the evaluation process. 331 332 ARTICLE VI 333 334 Appropriations 335 336 The obligations of each party under this Agreement payable after its respective 337 current fiscal year are contingent upon adequate funds for that purpose being budgeted, 338 appropriated and otherwise made available. 339 8 340 ARTICLE VII 341 342 Employment Status of SRO 343 344 The SROs shall remain an employee of the City and shall not be an employee of the 345 District. The District and the City acknowledge that the SRO is a law enforcement 346 officer who shall uphold the law under the direct supervision and control of Fort Collins 347 Police Services. The SRO shall remain responsive to the chain of command of Fort 348 Collins Police Services. 349 350 ARTICLE VIII 351 352 Appointment of the SROs 353 354 A. The (i) administration of the District, (ii) the administration of the traditional high 355 schools, (iii) the administration of the junior high schools and (iv)Fort Collins Police 356 Services shall appoint two (2) members each to a SRO Personnel Board; provided, 357 however that only six (6) members shall serve at a particular meeting or portion of a 358 meeting. Which six members serve will be dependent upon whether a SRO assigned to a 359 high school or a junior high school is at issue. The sole function of the Personnel Board 360 shall be the recruitment, interviewing and evaluation of SROs. The Personnel Board 361 shall meet as necessary, and shall conduct oral examinations of SRO applicants. 362 363 B. SRO applicants must meet all of the following requirements: 364 365 1. The applicant must be a volunteer for the position of SRO and must indicate a 366 willingness to hold the position for three (3) years. 367 368 2. The applicant must be a full-time peace officer, as defined by C.R.S. §16-2.5-101, 369 with a minimum of three (3) years of law enforcement experience. 370 371 3. The applicant must be employed as a police officer with Fort Collins Police 372 Services. 373 374 4. The applicant must agree that if hired for the position of SRO, he/she will not 375 seek a transfer or promotion from the position until the end of a school year and that 376 he/she will not schedule time off for vacations and floating holidays during periods when 377 school is in session. 378 379 C. Additional criteria that will be considered by the SRO Personnel Board are job 380 knowledge, experience, training, education, appearance, attitude, communication skills, 381 and bearing. 382 9 383 D. The names of any applicants receiving a favorable recommendation from the SRO 384 Personnel Board (which recommendation shall follow only upon a majority vote of the 385 Personnel Board), shall be forwarded to the City Chief of Police or designee, who shall 386 appoint officers as SROs from the list of those recommended. 387 388 ARTICLE IX 389 390 Dismissal of SROs; Replacement 391 392 A. In the event the school administrator of the school to which the SRO is assigned 393 believes that the particular SRO is not effectively performing his/her duties and 394 responsibilities, the administrator shall recommend to the District's Assistant 395 Superintendent of Business Services or their designees that the SRO be removed from the 396 Program, and shall state the reasons therefor in writing. Within ten (10) working days 397 after receiving the recommendation from the administrator, the Assistant Superintendent 398 of Business Services or designee shall advise the Chief of Police or designee. If the Chief 399 of Police so desires, the Assistant Superintendent of Business Services or designee(s) 400 shall meet with the SRO and the Chief of Police or designee to mediate or resolve any 401 problems which may exist. At such meeting, specified school staff members may be 402 required to be present. If, within a reasonable amount of time after commencement of 403 such mediation, the problem cannot be resolved or mediated, or in the event mediation is 404 not sought by the Chief of Police, then the SRO shall be removed from the Program. 405 406 B. The Chief of Police may dismiss or reassign a SRO at any time based upon 407 department rules, regulations, and/or department directives, or when it is in the best 408 interests of Fort Collins Police Services. 409 410 C. In the event of resignation, dismissal, or reassignment of a SRO, or in the case of 411 long-term absences by a SRO, the City shall provide a temporary replacement for the 412 SRO within thirty (30) school days of receiving notice of such absence, dismissal, 413 resignation, or reassignment. As soon as practicable, the Personnel Board shall 414 recommend a permanent replacement for the SRO position. 415 416 D. A SRO may be transferred from his/her position, for administrative reasons, during 417 the school year at the discretion of the Chief of Police or designee(s). SROs requesting a 418 transfer to another position must do so at the end of the school year, and said request 419 must be in writing. Transfer request decisions shall be made at the discretion of the Chief 420 of Police or designee(s). 421 10 422 ARTICLE X 423 424 Termination of Agreement 425 426 Subject to Article XH, this Agreement may be terminated by either party by 427 giving ninety (90) days prior written notice to the other party that it has failed to 428 substantially perform in accordance with the terms and conditions of this Agreement. 429 430 If this Agreement is terminated prior to the end of a fiscal year, the City shall reimburse 431 the District a pro rata amount of the payment made for that fiscal year. 432 433 If the District fails at any time to appropriate the funds it is required to pay the City under 434 Article IV of this Agreement or to timely pay such funds to the City, the City may 435 terminate this agreement upon giving the District thirty (30) days written notice. All 436 obligations of the District under this contract are solely from currently budgeted funds 437 and this contract does not constitute a multiple fiscal year obligation of the District. 438 Notwithstanding any other provision of this contract, all District obligations accruing 439 beyond the current budget year are expressly subject to funds being budgeted and 440 appropriated therefore in accordance with Colorado law. 441 ARTICLE XI 442 Notices 443 444 Any and all notices or any other communication herein required or permitted shall 445 be deemed to have been given when personally delivered or deposited in the United 446 States postal service as regular mail, postage prepaid, and addressed as follows or to such 447 other person or address as a party may designate in writing to the other party: 448 449 To the District: 450 451 Superintendent of Schools 452 Poudre School District R-1 453 2407 LaPorte Avenue 454 Fort Collins, Colorado 80521-2297 455 456 President 457 Poudre School District R-1 Board of Education 458 2407 LaPorte Avenue 459 Fort Collins, Colorado 80521-2297 460 To the City: 461 462 Chief of Police 463 Fort Collins Police Services 11 464 300 LaPorte Avenue 465 Post Office Box 580 466 Fort Collins, Colorado 80522-0580 467 468 City Manager 469 City of Fort Collins 470 300 LaPorte Avenue 471 Post Office Box 580 472 Fort Collins, Colorado 80522-0580 473 474 ARTICLE XII 475 476 Good Faith 477 478 The parties, their agents, and employees agree to cooperate in good faith in 479 fulfilling the terms of this Agreement. The parties agree that they will attempt to resolve 480 any disputes concerning the interpretation of this Agreement and unforeseen questions 481 and difficulties which may arise in implementing the Agreement by good faith 482 negotiations before resorting to termination of this Agreement and/or litigation. 483 484 ARTICLE XIII 485 486 Modification 487 488 This document constitutes the full understanding of the parties, and no term, 489 condition, understanding or agreement purporting to modify or vary the terms of this 490 Agreement shall be binding unless hereafter made in writing signed by the both parties. 491 492 ARTICLE XIV 493 494 Non-Assignment 495 496 This Agreement, and each and every covenant herein, shall not be capable of 497 assignment except with the prior consent of both parties. 498 499 ARTICLE XV 500 501 Merger 502 503 This Agreement constitutes a final written expression of all the terms of this 504 Agreement and is a complete and exclusive statement of those terms. 505 506 ARTICLE XVI 507 12 508 Effective Date 509 510 This Agreement is effective upon the date of the last party to sign. 511 512 ARTICLE XVII 513 514 Counterparts 515 516 This Agreement may be signed in counterparts, and each counterpart shall be 517 deemed an original, and all the counterparts taken as a whole shall constitute one and the 518 same instrument. 519 520 ARTICLE XVIII 521 522 Supersedes Previous Agreement 523 524 This Agreement replaces and supersedes in all respects the First and Second SRO 525 Agreement as it relates solely to the agreements contained therein between the District 526 and the City. 527 528 529 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed 530 by their duly authorized officers. 531 532 533 534 POUDRE SCHOOL DISTRICT R-1 535 BOARD OF EDUCATION 536 537 538 By: 539 Date President 540 541 APPROVED AS TO FORM: ATTEST: 542 Secretary 543 544 Attorney for the District 545 Date: 13 546 547 CITY OF FORT COLLINS 548 549 550 By: 551 Date Mayor 552 553 ATTEST: 554 City Clerk 555 556 APPROVED AS TO FORM: 557 558 559 56o Assistant City Attorney 561 Date: 14 ORDINANCE NO. 112, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND FOR THE SCHOOL RESOURCE OFFICER PROGRAM WHEREAS,in April 1995,Fort Collins Police Services and Poudre School District created a mutually beneficial partnership through the School Resource Officer Program; and WHEREAS,pursuant to Resolution 2004- , the contract to renew the partnership between the City of Fort Collins and the Poudre School District adds one additional officer to staff the new Fossil Ridge High School; and WHEREAS,for the first year the costs associated with the new School Resource Officer will be $123,348; and WHEREAS, Poudre School District has agreed to pay$104,212 of the first year costs and the City will pay the remaining cost of$19,136 out of the existing Police Services budget; and WHEREAS, Article V, Section 9,of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations,in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the funds from Poudre School District,as described herein,will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during 2004. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated revenue in the General Fund the sum of ONE HUNDRED FOUR THOUSAND TWO HUNDRED TWELVE DOLLARS($104,212)for expenditure in the General Fund for the School Resource Officer Program. Introduced and considered favorably on first reading and ordered published this 6th day of July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk