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HomeMy WebLinkAbout1998-118-09/01/1998-AUTHORIZING MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE POUDRE SCHOOL DISTRICT TO PR RESOLUTION 98-118 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 Poudre School District, (the "District"),the City of Fort Collins (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, since entering into the First SRO Agreement, some of the District's schools which were served in the Program by the Larimer County Sheriff have been or will likely be annexed in the near future into the City; and WHEREAS, the District has proposed an expansion of the Program to include the City assigning an additional three School Resource Officers to the District's six junior high schools,and one School Resource Officer to the District's Mountain View School; and WHEREAS,the City desires to continue to provide the policing services and related services that it has under the First SRO Agreement as well as to provide the additional policing services that have been proposed by the District; and WHEREAS, the District and the City both recognize the outstanding benefits that the Program has for the citizens of the City and particularly for the students of the District's schools located within the City; 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, it is the intent of the District and the City that the Agreement replace and supersede in all respects the First SRO Agreement as it relates to the agreements contained therein between the District and the City relating to the Program. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Council hereby authorizes the Mayor to enter into the Agreement in substantially the form attached hereto as Exhibit"A". Passed and adopted at a regular meeting of the City Council held-this I st day of SgAenTher A.D. 1998. r' i_- N ayor L f' ATTEST: 4UL I -� % City Clerk EXHIBIT A 1 Agreement Between 2 the Poudre School District R-1 and the City of Fort Collins 3 For .t The School Resource Officer Program 5 6 7 THIS AGREEMENT is made and entered into by and between POUDRE SCHOOL s 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 to "City"). 11 12 WITNESSETK L3 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 Is B. The goals of the School Resource Officer Program (hereinafter referred to as "the 19 Program") are to: 20 21 1. Provide a safe learning 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. Since entering into the First SRO Agreement, some of the District's schools which were 29 served in the Program by the Larimer County Sheriff have been or will likely be annexed in the 30 near future into the City. 31 32 D. In addition, the District has proposed an expansion of the Program to include the City 33 assigning an additional three(3) School Resource Officers to the District's Junior High Schools, 34 and one (1) School Resource Officer to the District's Mountain View School. 35 36 E. The City desires to continue to provide the policing services and related services that it 37 has under the First SRO Agreement as well as to provide the additional policing services that have 38 been proposed by the District. 39 40 F. Based upon evaluations of the Program, the parties desire to modify certain aspects of the 41 Program to better accomplish its purposes. 42 43 G. The District and the City both recognize the outstanding benefits that the Program has for as the citizens of the City and the District and particularly for the students of the District's schools 45 located within the City. 46 47 H. The parties agree that it is in the best interests of the District, the City, and the citizens of 48 the City and the District for the District and the City to continue and expand the Program as set 49 forth in this Agreement. 50 51 I. It is the intent of the District and the City that this Agreement replace and supersede in all 52 respects the First SRO Agreement as it relates to the agreements contained therein between the 53 District and the City. 54 55 NOW, THEREFORE, in consideration of the mutual promises and covenants herein 56 contained, and other good and valuable consideration, the receipt and adequacy of which are 57 hereby acknowledged, the District and the City hereby agree as follows: 58 59 ARTICLE 1 60 61 Term 62 63 The parties agree to continue the Program as modified in this Agreement in the District's 64 school system located within the City for the time period commencing on the effective date of this 65 Agreement and ending as provided in Articles VI and X of this Agreement. 66 67 ARTICLE It 68 69 Rights and Duties of the City 70 71 A. Assignment of School Resource Officers 72 73 1. The City shall continue to assign one (1) School Resource Officer to each of the 74 following schools (for a total of three (3) School Resource Officers): 75 76 Poudre High School, 77 Fort Collins High School, and 78 Rocky Mountain High School. 79 80 2. In addition, the City shall assign, beginning at least two weeks prior to the 81 commencement of the fall semester of the District's 1999/2000 school year, three(3) 82 School Resource Officers to the following six (6)junior high schools, with each Officer 83 assigned to two of the schools: 84 85 Blevins 86 Boltz 2 87 Lesher 88 Preston 89 Webber, and 90 Lincoln (however, a School Resource Officer will be assigned to 91 Lincoln Junior High School only after Lincoln Junior High School 92 has been annexed into the City); 93 94 3. In addition, the City shall assign, beginning at least two weeks prior to the 95 commencement of the fall semester of the District's 1999/2000 school year, one (1) 96 School Resource Officer to the Mountain View School. In the event that the Mountain 97 View School is closed or it is determined by the District that a School Resource Officer is 98 not required at such school, the School Resource Officer assigned to such school will be 99 reassigned to a junior high school by the District in consultation with the City. 100 101 4. During the District's 1998/1999 school year, the City will provide services to the 102 Mountain View School by assigning, on a part time basis, the School Resource Officer 103 presently assigned to Poudre High School and by providing additional police officers, on 104 part time bases, who are compatible with the School Resource Officer philosophy; it being 105 understood and agreed by the parties that the City will make a good faith effort to provide 106 the highest level of services possible under its existing budgetary and training time 107 constraints and that such services will probably not be equal to a full time School 108 Resource Officer. 109 110 The Supervisor of Police Services' Youth Services Section or his designee, the 111 principal of Poudre High School and such other school or central administrators as are 112 deemed necessary by the District shall meet weekly to determine if the sharing of the 113 School Resource Officer assigned to Poudre High School is excessively impacting the 114 services being provided to Poudre High School. If it is determined that the sharing of the 115 School Resource Officer assigned to Poudre High School is excessively impacting the 116 services being provided to Poudre High School, the parties agree to negotiate in good 117 faith an alternative arrangement to provide services to the Mountain View School, which 118 alternatives shall include the City providing additional officers, on part time bases, who are 119 compatible with the School Resource Officer philosophy and reducing or eliminating 120 entirely the part time assignment to Mountain View School of the School Resource 121 Officer assigned to Poudre High School. 122 123 5. Each School Resource Officer will also be assigned to feeder schools as 124 determined by the District's central administration. The following is a total listing of 125 feeder schools (within the Fort Collins City limits): 126 127 Barton Discovery Center 128 Bauder Elementary School 129 Beattie Elementary School 130 Bennett Elementary School 131 Centennial High School 132 Centennial West High School 133 Dunn Elementary School 134 Fullana Elementary School 135 Harris Bilingual School 136 Harris Lab School 137 Johnson Elementary School 138 Kruse Elementary School 139 Laurel Elementary School 140 Linton Elementary School 141 Lopez Elementary School 142 McGraw Elementary School 143 Moore Elementary School 144 O'Dea Elementary School 145 Olander Elementary School 146 Preston Junior High School 147 Putnam Elementary School 148 Riffenburgh Elementary School 149 Shepardson Elementary School 150 Travelli Elementary School 151 Washington Core Knowledge Elementary School 152 Werner Elementary School 153 154 6. Until the beginning of the fall semester of the District's 1999/2000 school year, all 155 junior high schools which are now or may become located within the Fort Collins City 156 limits shall also be considered feeder schools. Furthermore, all elementary schools which 157 are annexed into the City or which come into existence during the term of this Agreement 158 shall be considered feeder schools. If additional high schools or junior high schools are 159 annexed into the City or come into existence during the term of this Agreement, the 160 School Resource Officers assigned to high schools and junior high schools may be 161 reassigned to such additional schools by the District in consultation with the City. 162 163 7. Each School Resource Officer shall have an office in his/her assigned high school. 164 Each School Resource Officer assigned to the junior high schools shall have an office in at 165 least one of the two junior high schools. Subject to Article III, the School Resource 166 Officer assigned to the Mountain View School shall have an office at such school. The 167 location and specifications of all offices shall be designated and approved by the District's 168 Director of Operational Services. 169 170 8. The School Resource Officers assigned by the City shall respond upon request by 171 the District to their assigned schools. In the event of situations requiring a response by 172 additional law enforcement personnel, the District shall utilize the dispatch service of the 173 City to secure additional law enforcement personnel who may be other School Resource 174 Officers or other law enforcement personnel, at the City's discretion. 4 175 176 9. The City shall assign the duties of supervision of the School Resource Officers to 177 the Supervisor of Police Services' Youth Services Section, who shall oversee the School 178 Resource Officers within the City and shall perform scheduled and non-scheduled visits to 179 the schools. When practicable, during scheduled visits, the Supervisor shall meet with the 180 assigned School Resource Officer and school administrators and staff designated by the 181 principal. 182 183 10. When practicable, the Supervisor of Police Services' Youth Services Section, the 184 School Resource Officers and the District's Director of Operational Services or his/her 185 designee shall meet weekly at a time and location to be determined by the parties to 186 discuss problem, issues and concerns as they arise. 187 188 B. Regular Duty Hours of the School Resource Officers 189 190 1. Except as provided in Article II(A)(4), the School Resource Officers shall be 191 assigned to the schools on a full-time basis of eight (8) hours on those days and during 192 those hours that the schools are in regular session. The primary purpose of the Program is 193 to provide services during normal school hours. However, because it is sometimes 194 desirable to have School Resource Officers attend school activities conducted outside of 195 normal school hours, the principal(s) of the assigned school(s) and the assigned School 196 Resource Officer may agree to adjust the working hours of the School Resource Officer 197 provided that overtime hours are not worked. A School Resource Officer may be 198 temporarily reassigned by the City during school holidays and vacations, or during the 199 period of a law enforcement emergency, as determined by the City. 200 201 C. Summer Vacation Duty of the School Resource Officers 202 203 1. During the 1998 summer vacation period, the City shall continue to provide the 204 level of services it is currently providing, i.e. three (3) School Resource Officers, although 205 all three are not always on duty at the same time. 206 207 2. Commencing with the 1999 summer vacation period, the parties shall meet on or 208 before April 15th of each year during the term of this Agreement to determine the number 209 of School Resource Officers the City shall provide during the summer vacation period to 210 provide the services required by this Agreement for summer school. 211 212 D. Duties of the School Resource Officer 213 214 1. The Officer shall work during the hours school is in session and coordinate his/her 215 schedule with the school principal or his/her designee of the Officer's assigned school. 216 However, for those Officers assigned to the junior high schools, the principals of both 217 schools must cooperate with each other in coordinating their schedules with their assigned 218 Officer's schedule. When schools are closed due to in-service training, the School 5 219 Resource Officer, if invited by the school staff, may attend the in-service training or use 220 those hours for School Resource Officer administrative duties. During extended non- 221 school periods, the School Resource Officer must schedule time off for vacations and 222 floating holidays during periods when school is not in session. 223 224 2. The Officer shall spend 60 percent of his/her time in uniform and drive a marked 225 patrol unit. While working in civilian clothes, the School Resource Officer shall comply 226 with a dress code that is determined and approved by the principal of the Officer's 227 assigned school. For those Officers assigned to the junior high schools, the principals of 228 both schools to which the Officer is assigned must agree on that dress code. 229 230 3. Subject to the School Resource Officer's discretionary law enforcement authority, 231 the School Resource Officer shall take appropriate law enforcement action as requested by 232 school administrators. The School Resource Officer may also take appropriate law 233 enforcement action as required by law and Fort Collins Police Services policy and must 234 then notify the school administrator as soon as practicable of any violations or actions 235 which impact on school discipline, order or safety and such other violations and actions as 236 the District reasonably requests be reported. This may include interviewing suspects and 237 victims of criminal violations, issuing summonses, and addressing traffic concerns. Should 238 it become necessary to conduct formal law enforcement interviews with the students, the 239 School Resource Officer shall adhere to District policy, regulations and guidelines, Fort 240 Collins Police Services policy, and legal requirements with regard to such interviews. 241 242 4. The Officer shall assist other School Resource Officers or law enforcement 243 agencies in conducting investigations when requested or when required. 244 245 5. The Officer shall develop teaching expertise and assist faculty in instructing 246 specialized classes on such topics as the role of policing in the community, search and 247 seizure, traffic laws, crime prevention, victims' rights, community involvement, and youth 248 programs. In addition, the Officer shall encourage and participate in discussion during 249 classes to establish rapport with students. Any additions to the above instruction must be 250 mutually agreed upon by Fort Collins Police Services and the principal or his/her designee 251 of the affected school. 252 253 6, The Officer shall seek permission, advice, and guidance from school administrators 254 prior to enacting any program within the school 255 256 7. The Officer shall assist school administrators, staff, and faculty in developing 257 emergency procedures and emergency management plans to include prevention and/or 258 minimization of dangerous situations which may result from student unrest. 259 260 8. The Officer shall be familiar with District policies, regulations and guidelines 261 related to safety and student conduct and discipline issues, including the District's Code of 262 Conduct and assist administrators, faculty and staff with violations of such policies, at the 6 263 School Resource Officer's discretion. Provided, however, that the School Resource 264 Officer shall not be expected or asked to detain or take into physical custody any student 265 who has only violated a District policy or the District's Code of Conduct. It shall be 266 understood and agreed that a School Resource Officer, as a law enforcement officer, can 267 only detain or take into physical custody those students for whom there is reasonable 268 suspicion or probable cause that they have committed a criminal offense. The School 269 Resource Officer shall not be used for regularly assigned lunchroom duties, hall 270 monitoring or other monitoring duties. If there is a problem area, the School Resource 271 Officer may assist the school until the problem is resolved. 272 273 9. The Officer shall be familiar with and abide by all relevant District policies, 274 regulations and guidelines except to the extent such policies, regulations and guidelines 275 conflict with his/her responsibilities as a law enforcement officer. 276 277 10. The Officer shall develop a rapport with students and a working relationship with 278 student organizations, faculty, staff members, District administrators, and community 279 members. 280 281 11. The Officer shall coordinate efforts with campus supervisory personnel, i.e., campus 282 supervisors, hall monitors, parking attendants, parking attendants and private security firm 283 personnel. 284 285 12. The Officer shall attend, whenever possible, school or District in-service training as 286 recommended by school administrators or central administrators. 287 288 13. The Officer shall maintain detailed, accurate, and up-to-date records as required by 289 Fort Collins Police Services, school administrators and central administrators, and submit 290 reports as requested. 291 292 14. The Officer shall work proactively with all law enforcement agencies that serve the 293 District community. 294 295 15. The Officer shall attend parent, faculty, student, administration or other meetings to 296 provide information regarding the Program and provide opportunities for involvement and 297 support. 298 299 16. The Officer shall work proactively with students, parents, and faculty regarding 300 public safety and use problem-solving teams and programs to address issues. 301 302 17. The Officer shall provide information regarding community programs so that proper 303 referrals can be made and appropriate assistance accessed. These programs may include 304 mental health clinics, drug treatment centers, etc. The School Resource Officer may make 305 referrals to such agencies when necessary thereby acting as a resource person to the 306 students, faculty, staff, and administrators of schools. The Officer shall refer students to 7 307 the school counselor as needed. Referral guidelines are determined by the school 308 administrator. 309 310 18. The Officer shall attend, whenever possible, selected school functions as t 1 recommended by school administrators. 312 313 19. The Officer shall maintain confidentiality of any information obtained pursuant to 314 Title 19 of the Colorado Children's Code, and shall not disclose the information except as 315 provided by law or court order. 316 317 20. The Officer shall maintain confidentiality of District records and information in 318 accordance with Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, the 319 Family Educational Rights and Privacy Act and District policies. 320 321 21. The Officer shall coordinate with and apprise the District's Director of Operational 322 Services and the District's Security Supervisor of such matters as are designated by them. 323 324 22. The Officer shall perform other duties which will promote the goals of the Program .125 and which are mutually agreed upon by the District and the City. 326 327 E. Training 328 329 1. Basic School Resource Officer training shall be provided to all new School 330 Resource Officers prior to commencement of employment as a School Resource Officer. 331 Such training shall be provided to those Officers already employed as School Resource 132 Officers as soon as practicable. Basic School Resource Officer training can be obtained 333 through the Colorado Association of School Resource Officers, the National Association 334 of School Resource Officers or other organization which provides similar training. All 335 costs of this training shall be paid by the City. 336 337 2. School Resource Officers are encouraged to obtain accreditation as School 338 Resource Officer"Practitioners"through the National Association of School Resource 339 Officers. Officers desiring to obtain such accreditation shall be entitled to receive such 340 training to the extent that funds for training are available. The parties shall meet prior to 341 August 15t'of each year during the term of this Agreement to determine the amount of 342 funding which shall be provided by the City for this training; provided, however, that in 343 the event the effective date of this Agreement is subsequent to August 14, 1998, the 344 parties shall meet as soon thereafter as practicable- 8 345 ARTICLE III 3-46 337 Facilities and Equipment 348 349 The District shall provide to the full-time School Resource Officer the following 350 equipment and facilities, which are deemed necessary to the performance of the School Resource 351 Officer's duties under this Agreement: 352 353 A. The School Resource Officer shall be provided an office to conduct matter of 354 confidential business and shall be provided access to records which are deemed necessary 355 by the District. Confidentiality of the records shall be maintained by the School Resource 356 Officer. The School Resource Officer shall confer with school administrators concerning 357 confidentiality of records when necessary. 358 359 B. The District shall provide for the use of each School Resource Officer a desk and 360 necessary office furniture, a computer and printer and a pager or cellular phone. These 361 items shall be paid for by the District; provided, however, that the District shall deduct the 362 cost of these items from the payment it is required to make to the City under Article 363 I V(B). 364 365 C. Officers assigned or providing services to Mountain View School during the 366 1998/1999 school year shall share, to the extent practicable, the office, office furniture, 367 computer and printer, but shall be provided with their own pager or cellular telephone. 368 369 ARTICLE IV 370 371 Financing of the Program 372 373 A. To carry out the intent of the First SRO Agreement and incorporate that intent into this 374 Agreement, except as provided in Article III, the City shall be solely responsible for all costs of 375 providing the three (3) School Resource Officers assigned to the high schools. 376 377 B. In consideration for the City providing to the District the four(4) School Resource 378 Officers assigned to the junior high schools and Mountain View School , the District shall pay to 379 the City the following: 380 381 1. $150,000 for start up costs on January 1, 1999, and 382 383 2. $297,740.00 plus a percentage increase on said amount based on the percentage 38.1 increase in funding that the District receives under the State's School Finance Act for the 385 District's 1999/2000 fiscal year on or before September 15, 1999 for services to be 386 provided during the District's 1999/2000 fiscal year. Thereafter, the District shall pay to 387 the City on September 15'' of each year that this Agreement is in effect, the total sum of 388 the amount paid on September 15, 1999 plus a percentage increase compounded annually 9 389 on said amount based on the percentage increase in funding that the District receives 390 under the State's School Finance Act for the District's fiscal year in which the payment is 391 made. For example, if the District receives a three (3) percent increase in funding under 392 the School Finance Act for its 1999/2000 fiscal year, the District shall pay the City on 393 September 15, 1999, the sum of$306,672.00 and then if the percentage increase is three 394 (3) percent for the District's 2000/2001 fiscal year, the District shall pay the City on 395 September 15, 2000, the sum of$315,872.00 and then if the District receives a three(3) 396 percent increase in funding under the School Finance Act for its 2001/2002 fiscal year, the 397 District shall pay the City on September 15, 2001, the sum of$325,348.00.. If this 398 Agreement is terminated prior to the end of a fiscal year, the City shall reimburse the 399 District a pro rata amount of the payment made for that fiscal year. 400 401 C. The City shall attempt, in good faith, to provide the additional part time police officers 402 providing temporary School Resource Officer services to the Mountain View School during the 403 1998/1999 school year using its existing police manpower at no additional cost to the District. If 404 such services cannot be provided with the City's existing police manpower, the District shall pay 405 to the City for such services, the City's prevailing hourly on-duty rate if an on-duty police officer 406 is provided by the City, or the overtime rate applicable to the officer performing such services if 407 an off-duty police officer is provided by the City. The City shall attempt, in good faith, to provide 408 an on-duty police officer, as opposed to an off-duty police officer, using its existing police 409 manpower. All normal calls for police services shall be responded to at no charge to the District. 410 411 ARTICLE V 412 413 Evaluation and Future Funding 414 415 Prior to August 15th of each year during the term of this Agreement, the parties shall 416 evaluate the effectiveness of the Program and consider whether modifications to the Program are 417 necessary or advisable to accomplish its purposes. This evaluation is critical to continue a 418 successful program and the parties agree to invest sufficient time and effort in the evaluation 419 process. It is the intent of the parties that the Program be continued with the funding for the three 420 (3) School Resource Officers assigned to the high schools to be provided by the City and the 421 funding for the four(4) School Resource Officers assigned to the junior high schools and 422 Mountain View School to be provided by the District. The parties agree to cooperate and 423 negotiate in good faith in fulfilling the intent of the parties concerning continuation of the Program 424 and future funding of the Program as set forth above. 425 426 ARTICLE VI 427 428 Appropriations 429 430 The obligations of each party under this Agreement payable after its respective current 431 fiscal year are contingent upon adequate funds for that purpose being budgeted, appropriated and 432 otherwise made available. 10 433 ARTICLE VII 434 435 Employment Status of School Resource Officer 436 437 The School Resource Officer, including any officer who is providing part time services, 438 shall remain an employee of the City and shall not be an employee of the District. The District 439 and the City acknowledge that the School Resource Officer is a law enforcement officer who shall 440 uphold the law under the direct supervision and control of Fort Collins Police Services. The 441 School Resource Officer shall remain responsive to the chain of command of Fort Collins Police 442 Services. 443 ARTICLE VIII 444 445 Appointment of the School Resource Officers 446 447 A. The (i) administration of the District, (ii) the administration of the traditional high schools, 448 (iii)the administration of the junior high schools and (iv) Fort Collins Police Services shall appoint 449 two (2) members each to a School Resource Officer Personnel Board; provided, however that 450 only six (6) members shall serve at a particular meeting or portion of a meeting. Which six 451 members serve will be dependent upon whether a School Resource Officer assigned to a high 452 school or a junior high school is at issue. The sole function of the Personnel Board shall be the 451 recruitment, interviewing and evaluation of School Resource Officers. The Personnel Board shall 454 meet as necessary, and shall conduct oral examinations of School Resource Officer applicants. 455 456 B. School Resource Officer applicants must meet all of the following requirements: 457 458 1. The applicant must be a volunteer for the position of School Resource Officer and 459 must indicate a willingness to hold the position for three (3) years. 460 461 2. The applicant must be a full-time peace officer, level 1, as defined by C.R.S. §18- 462 1-901(3)(1)(I), with a minimum of three (3) years of law enforcement experience. 463 464 3. The applicant must be employed as a police officer with Fort Collins Police Services. 465 466 4. The applicant must agree that if hired for the position of School Resource Officer, 467 he/she will not seek a transfer from the position until the end of a school year and that 468 he/she will not schedule time off for vacations and floating holidays during periods when 469 school is in session. 470 471 C. Among additional criteria for consideration by the School Resource Officer Personnel 472 Board are job knowledge, experience, training, education, appearance, attitude, communication 473 skills, and bearing. 474 475 D. The names of any applicants receiving a favorable recommendation from the School 476 Resource Officer Personnel Board (which recommendation shall follow only upon a majority vote II 477 of the Personnel Board), shall be forwarded to the City Chief of Police or designee, who shall 478 appoint officers as School Resource Officers from the list of those recommended. 479 480 ARTICLE IX 481 482 Dismissal of School Resource Officers; Replacement 483 484 A. In the event the school administrator of the school to which the School Resource Officer 485 is assigned believes that the particular School Resource Officer is not effectively performing 486 his/her duties and responsibilities, the administrator shall recommend to the District's Assistant 487 Superintendent of School Services and Assistant Superintendent of Business Services or their 488 designees that the School Resource Officer be removed from the Program, and shall state the 489 reasons therefor in writing. Within ten(10) working days after receiving the recommendation 490 from the administrator, the Assistant Superintendent of School Services or designee shall advise 491 the Chief of Police or designee. If the Chief of Police so desires, the Assistant Superintendent of 492 School Services and the Assistant Superintendent of Business Services or designee(s) shall meet 493 with the School Resource Officer and the Chief of Police or designee to mediate or resolve any 494 problems which may exist. At such meeting, specified school staff members may be required to 495 be present. If, within a reasonable amount of time after commencement of such mediation, the 496 problem cannot be resolved or mediated, or in the event mediation is not sought by the Chief of 497 Police, then the School Resource Officer shall be removed from the Program. 498 499 B. The Chief of Police may dismiss or reassign a School Resource Officer based upon 500 department rules, regulations, and/or department directives, or when it is in the best interests of 501 Fort Collins Police Services. 502 503 C. In the event of resignation, dismissal, or reassignment of a School Resource Officer, or in 504 the case of long-term absences by a School Resource Officer, the City shall provide a temporary 505 replacement for the School Resource Officer within thirty (30) school days of receiving notice of 506 such absence, dismissal, resignation, or reassignment. As soon as practicable, the Personnel 507 Board shall recommend a permanent replacement for the School Resource Officer position. 508 509 D. A School Resource Office may be transferred from his/her position, for administrative 510 reasons, during the school year at the discretion of the Chief of Police. School Resource Officers 511 requesting a transfer to another position must do so at the end of the school year, and said request 512 must be in writing. Transfer request decisions shall be made at the discretion of the Chief of 513 Police. 12 514 ARTICLE X 515 516 Termination of Agreement 517 518 Subject to Article X1I, this Agreement may be terminated by either party by giving ninety 519 (90) days prior written notice to the other party that it has failed to substantially perform in 520 accordance with the terms and conditions of this Agreement. 521 ARTICLE XI 522 Notices 523 524 Any and all notices or any other communication herein required or permitted shall be 525 deemed to have been given when personally delivered or deposited in the United States postal 526 service as regular mail, postage prepaid, and addressed as follows or to such other person or 527 address as a party may designate in writing to the other party: 528 529 To the District: 530 531 Superintendent of Schools 532 Poudre School District R-1 533 2407 LaPorte Avenue 534 Fort Collins, Colorado 80521-2297 515 536 President 537 Poudre School District R-1 Board of Education 538 2407 LaPorte Avenue 539 Fort Collins, Colorado 80521-2297 540 To the City: 541 542 Chief of Police 543 Fort Collins Police Services 544 300 LaPorte Avenue 545 Post Office Box 580 546 Fort Collins, Colorado 80522-0580 547 548 City Manager 549 City of Fort Collins 550 300 LaPorte Avenue 551 Post Office Box 580 552 Fort Collins, Colorado 80522-0580 13 553 ARTICLE Xll 554 555 Good Faith 556 557 The parties,their agents, and employees agree to cooperate in good faith in fulfilling the terms of 558 this Agreement. The parties agree that they will attempt to resolve any disputes concerning the 559 interpretation of this Agreement and unforeseen questions and difficulties which may arise in 560 implementing the Agreement by good faith negotiations before resorting to termination of this 561 Agreement and/or litigation. 562 563 ARTICLE XI11 564 565 Modification 566 567 This document constitutes the full understanding of the parties, and no term, condition, 568 understanding or agreement purporting to modify or vary the terms of this Agreement shall be 569 binding unless hereafter made in writing signed by the both parties. 570 571 ARTICLE XIV 572 573 Non-Assignment 574 575 This Agreement, and each and every covenant herein, shall not be capable of assignment 576 except with the prior consent of both parties. 577 578 ARTICLE XV 579 580 Merger 581 582 This Agreement constitutes a final written expression of all the terms of this Agreement 583 and is a complete and exclusive statement of those terms 584 585 ARTICLE XVI 586 587 Effective Date 588 589 This Agreement is effective upon the date of the last party to sign. 590 591 ARTICLE XVII 592 593 Counterparts 594 595 This Agreement may be signed in counterparts, and each counterpart shall be deemed an 596 original, and all the counterparts taken as a whole shall constitute one and the same instrument. 14 597 598 ARTICLE XV111 599 600 Supersedes Previous Agreement 601 602 This Agreement replaces and supersedes in all respects the of the First SRO Agreement as 603 it relates solely to the agreements contained therein between the District and the City. 604 605 606 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their 607 duly authorized officers. 60s 609 610 611 POUDRE SCHOOL DISTRICT R-1 612 BOARD OF EDUCATION 613 614 615 By: 616 Date President 617 618 APPROVED AS TO FORM: ATTEST _ 619 Secretary 620a� / 621 Attorney for the District 622 Date: �3 1 623 624 CITY OF FORT COLLINS 625 626 627 By: 628 Date Mayor 629 630 ATTEST 631 City Clerk 632 633 APPROVED AS TO FORM: 634 635 636 637 Deputy City Attorney 638 Date: 15