HomeMy WebLinkAbout20103085.tiff Esther Gesick (aki avio -Icy, et,.
From: Bruce Barker
Sent: Monday, November 15, 2010 4:00 PM
To: Esther Gesick
Subject: Re: Small Tract Bonus
They want to go with $400 per acre.
Original Message
From: Esther Gesick
To: Bruce Barker; Barbara Kirkmeyer; Douglas Rademacher; Commissioners; Monica Mika; Don
Warden
Sent: Mon Nov 15 15:28:07 2010
Subject: RE: Small Tract Bonus
I'm assuming its $400 per lease, since the minimum per acre on a standard lease is $25.00 per
acre. Since Small Tract leases are for 5 acres or less, $400 per lease would come out $80
per acre on a 5 acre parcel and increase per acre as the acreage decreases.
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)336-7215 X4226
(970)352-0242 (fax)
Original Message
From: Bruce Barker
Sent: Monday, November 15, 2010 11:18 AM
To: Barbara Kirkmeyer; Esther Gesick; Douglas Rademacher; Commissioners; Monica Mika; Don
Warden
Subject: RE: Small Tract Bonus
Is that $400 per lease, or $400 per acre?
Original Message
From: Barbara Kirkmeyer
Sent: Monday, November 15, 2010 11:15 AM
To: Esther Gesick; Douglas Rademacher; Bruce Barker; Commissioners; Monica Mika; Don Warden
Subject: Re: Small Tract Bonus
Everyone says ok
Original Message
From: Esther Gesick
To: Douglas Rademacher; Bruce Barker; Commissioners; Monica Mika; Don Warden
Sent: Mon Nov 15 10:39:18 2010
Subject: RE: Small Tract Bonus
Any other takers? I have Mr. Julander chomping at the bit to get his Small Tract leases back
on the Wednesday Agenda if $400.00 is the agreed upon amount, and there are a couple other
leases that should arrive in the mail today for next week's meeting.
1 2010-3085
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)336-7215 X4226
(970)352-0242 (fax)
Original Message
From: Douglas Rademacher
Sent: Friday, November 12, 2010 4:13 PM
To: Bruce Barker; Commissioners; Monica Mika; Don Warden
Cc: Esther Gesick
Subject: Re: Small Tract Bonus
I would settle for 400 per acre.
Original Message
From: Bruce Barker
To: Commissioners; Monica Mika; Don Warden
Cc: Esther Gesick
Sent: Fri Nov 12 15:52:50 2010
Subject: FW: Small Tract Bonus
See below. These are the last e-mails I got on the subject of the Small Tract Lease. Looks
like you all stopped at a minimum $400 per lease (right now it is a minimum $200 per lease) .
I had Esther average the last 3 bid days in order to come up with an average per acre bid
price. This is what she responded with:
"I've attached the tabulations from the past three auctions held in 2010. It appears the
average paid per mineral acre for the initial bonus is $440.00 (ranging from $75 to $1,100
depending on location), with all of the leases subject to the 20% royalty on production.
I have informed Mr. Julander that the Board opted to reject his minimum bonus amounts for
today's three Small Tract leases and is considering the overall policy matter. I am holding
the signed originals and can send the checks back depending upon the Board's decision and
potential Code revisions."
So, do you want to go with the minimum $400 per lease, or go with minimum $440 per acre? My
advice is $400 per lease. Remember that we made this procedure so that it would cover all of
Weld's minerals regardless of where they are located. $440 per acre might be way too high in
certain areas of the County.
If it's OK with you, we will let Mr. Julander know the amount if $400 and then get that Code
provision changed with the Chapter 2 amendments that are currently winding their way through.
I had mistakenly thought we had already made that change, so I did not include for the first
reading of the Chapter 2 amendments. Will add them for the 2nd reading.
Original Message
From: Barbara Kirkmeyer
Sent: Monday, October 04, 2010 1:04 PM
To: Sean Conway; Bruce Barker; Commissioners; Monica Mika
Cc: Don Warden
Subject: Re: Small Tract Bonus
2
400 is fine with me
Original Message
From: Sean Conway
To: Barbara Kirkmeyer; Bruce Barker; Commissioners; Monica Mika
Cc: Don Warden
Sent: Mon Oct 04 11:59:08 2010
Subject: Re: Small Tract Bonus
Willing to split difference between Doug and Barb - 390?
Original Message
From: Barbara Kirkmeyer
To: Bruce Barker; Commissioners; Monica Mika
Cc: Don Warden
Sent: Mon Oct 04 10:40:19 2010
Subject: RE: Small Tract Bonus
I'm okay with an increase - $375
Original Message
From: Bruce Barker
Sent: Monday, October 04, 2010 10:25 AM
To: Commissioners; Monica Mika
Cc: Don Warden
Subject: Small Tract Bonus
Here is the current Code language:
Sec. 2-2-70. Mineral leasing policy.
A. The County owns mineral rights for approximately forty thousand (40,000) acres. On
November 19, 1986, the Board of County Commissioners adopted the following mineral leasing
policy by resolution:
7. Royalty interest in the production to be paid to the County shall be twenty percent (20%)
when bidding is waived on small parcels under five (5) acres, with a minimum of a two-
hundred-dollar royalty bonus for the parcel.
I do not believe we have changed the $200 royalty bonus rule since 1986. My read is that
companies will be willing to pay more. I suggest at least $350, and maybe going to $500.
That amount is not a fee to cover expenses (which would have to match our costs) . Rather, it
is compensation in consideration of the County waiving the bid procedure. If the company had
to go through the bid procedure on these tracts, they most likely would be spending more than
that sum to get the lease.
I am working on amendments to Chapter 2 now, so changing the rate now would be appropriate.
Do I hear $350? $500?
3
Tpedip
CHAPTER 2
Administration
— TICLE XH Mick, I _
- Miseellaneous Policies- B3arti A (.4),A S
Sec. 2-1-10. Conduct of meetings.
A. The Board of County Commissioners shall conduct two (2) regular weekly board
meetings, on Monday and Wednesday of each week, to commence at 9:00 a.m.
B. The Board of County Commissioners shall, in its capacity as the County Board of
Human Services, conduct the business of such Board during the County Commissioners'
regular meetings convene each Monday and Wednesday, immediately prior to the regular
Board meeting as t ze Board of Socia_ Services, in orcer to meet the requirement of as
authorized pursuant to Section 26- 1 - 116(3) C.R.S., to keep the Board of Social Services
business separate and cistinct from of ter County business.
C. On the fourth Monday of the month immediately following the Board of Social
Services meeting, the Board of County Commissioners shall convene as the Weld County
Housing Authority.
Sec. 2-1-40. Contracts.
A. through F. remain the same.
G. Weld County Seal. Pursuant to Section 3-7(2) of the Weld County Home Rule
Charter, the Clerk to the Board is the custodian of the County Seal. Use of the Seal shall be
reserved for attestation of signature by all five (5) Commissioners or for signature by the
Chair, as authorized by the Board of Weld County Commissioners, and for display on the
Weld County flag.
H. Weld County Logo. The Weld County Logo is authorized for use by all County staff
on items of County correspondence, authorized departmental forms, and the official Weld
County website.
Sec. 2-1-50. Disposition of electronic recordings.
On March 24, 1992, ne Board of County Commissioners approved the fo_lowing procedure
for disposition of e_ectronic recoreings of meetings and Zearings. State record retention
regulations require that t Taped recordings of Board of County Commissioners' regular and
special meetings and hearings be retained one three (4-3) years plus the current year, according to
the following rules:; however, a__ recordings wi__ be retained seven (7) years, p us tie current
year.
1
A. At the end of each calendar year, the Clerk to the Board will send a memo to the
County Attorney's office to identify requesting identification of recordings which are
scheduled for disposition.
B. The County Attorney's office will identify any specific recordings or hearings which
should be permanently retained beyond the three (3) year period due to pending or possible
litigation.
C. Recordings not to be retained will be pulled and destroyed by the Clerk to the Board's
staff, and a list compiled detailing those recordings thus destroyed.
Sec. 2-1-60. Referral/response to correspondence.
f 7
written over the signature of Chair of the Board. All complaints or requests from citizens
received in the Board of County Commissioner's office shall be handled as follows:
A. A copy of each complaint or request received, along with a Response form, will
immediately be sent to the appropriate department. This copy These documents will be
marked to the attention of the elected official or department head. A copy of the complaint
or request will be placed in the Commissioners' "Pass Around" file for their information,
along with a "Referred to Department Name note attached describing to which department
the complaint or request was referred.
B. The Clerk to the Board will keep the original letter in a suspense file in order to
verify final responses are sent within a reasonable time limit.
C. Elected officials are asked to submit a copy of their response to the Clerk to the
Board for the Commissioners' information.
D. The department head will be asked to respond within three (3) days or, if unable
to do so, to send an e-mail to CTB Group, stating the time required for further research or
review. Upon receipt of the e-mail, the Clerk to the Board's office will send a form letter,
over with the Chair's signature, to the citizen stating that the matter is being reviewed and
giving the time frame for the response to be mailed. A copy of the letter will be placed in the
suspense file with the original letter.
E. After investigation of the complaint or request, the department head will make his
or her recommendation to the Board of County Commissioners, marking the correct
response, as listed below. The completed form (green sheet) and any supporting documents
will then be returned to the Clerk to the Board.
2
1. "Board action " means that some official action is required from the Board
of County Commissioners, such as needing to be placed on the agenda for a policy
decision or resolution. If the Board agrees, t ie C etc to the Board wi_ . pace on the
next agenda.
2. " Work session " means the department head or elected official wishes to
discuss the matter with the Board of County Commissioners in a work session. No
further action is necessary to schedule the work session; if the Board agrees, the
Commissioners' Secretary will schedule the work session and notify all appropriate
parties.
3. "Letter (attached) " means a response has been drafted for the Chair's
signature, or has been signed and sent by the department head or elected official to
the individual making the complaint or request. All letters will be drafted for the
to He Board's office and sent by E mai_ to the CTB group.
4. "No response " means no response was made by the department. Please
explain to the Board of County Commissioners why no response is required.
5. "Telephone " means a telephone call was made to the individual by the
department head or elected official. In the narrative section; Please give the date,
who made the call and the name of the individual receiving the call.
6. "E-mail reply " means the department head or elected official replied to an
inquiry for information using e-mail correspondence.
F. The Clerk to the Board will "pass around" to the completed form amongst the
Commissioners, requesting approval or recommendation; or other desire of the Board. The
Chair will sign the letter: Any approved letter shall be signed by the Chairman. If the letter it
is not approved by the other Commissioners, the Commissioners' Secretary will pull it for the
Clerk to the Board's office to make changes.
G. The Clerk to the Board will verify the action required and mail any approved
correspondence, sending a copy back to the department. It The matter will either be placed
on the agenda as new business or listed as correspondence on the Consent Agenda,
depending on the action required.
Sec. 2-1-80. Work sessions.
A. The Board of County Commissioners will hold weekly work sessions as scheduled
according to the Board's calendar . .
r equ res add na work se T J may be schedu e d ring the ii eek.
�Vii�i , YYL<
3
B. The wWork sessions are intended to provide a means of getting obtaining specific
Board administrative direction • , sr and to
brief the Board concerning problems or alternatives involving items which are soon to be
scheduled on regular Board meetings.(All proposed grant applications must be formally
presented to t a Board in a work session prior to asking for the Board's fiscal endorsement 6t2cecet
and approval.
other types of items, tie fol_owing a_ternatives s_Zou_d be used:
Commiss oners' office ii ne entire Board of Coi my Commiss oners or
�'iZi2'L'S.7Z'QIiGT:7"�t1TG� t CVT_z��rltrr�e JIVITGT�I'
a meeting Sc ecu ec wit 1 tie Commissioner Coorcinator and/or Assistant
Coordinator for that area of concern:
witi a brief review at `hat time. Suci items can be reviewec wi a tie Commissioner
Coordinator in advance if necessary, who can then re_ay any concerns to other Board
members or refer them to a work session if warranted.
3. Progress reports/updates on programs: These items shou_c be sent in writing to
• - , - -
request that a work session be scheduled:
C. Work session/review process: Background documents must be submitted prior to the
scheduled work session for inclusion into electronic work session packets (to be viewed on
the Board's laptops). (Packets will be loaded on em-laptops for use during work sessions.
The following procedures shall be followed by department heads seeking work sessions:
• Confirm commissioner coordinator approval to schedule work session.
• Complete work session cover letter.
• Scan cover letter and all supporting documents preferably as pdf file.
• E-mail scanned cover letter and documents to Vicky Sprague.
• Work session is scheduled.
Department heads unable to forward the scanned cover letter and documents shall bring
them to the scheduled work session and present to Board using Elmo projector. The standard
cover letter is as follows:
4
BOARD OF COUNTY COMMISSIONERS
WORK SESSION COVER LETTER
Department/Office Date:
Person requesting work session: Extension:
Has your commissioner coordinator/elected official approved the work session?
Recommended length of time needed for discussion:
In addition to yourself and the board, who should attend?
Brief description of the issue:
Options for the board:
Recommendation to the board:
�.,.,;1; ; ;., .
zri v > ,
requiring won sessions wil_ be acted on by the Board of County Commissioners and
returned tot 1e department. T le Commissioners' Secretary wi__ take and disseminate minutes
policy reviews of County programs on an on going basis.
D. An elected officials' meeting will be held quarterly.
E. At 10:00 a.m. on the third Monday of the month, the Board of County Commissioners
will hold a work session as the Weld County Housing Authority.
ARTICLE III
Planning and Zoning Matters
Sec. 2-3-30. Collateral for improvements.
Delete all of current Code provision and substitute the following:
A. General requirements for collateral:
1 . This policy shall be applied to all applications for Subdivisions, Planned Unit
Developments, Change of Zones, Final Plats, Uses by Special Review and Site Plan
5
Reviews. If this policy has not been applied to an application, the policy shall not be
applied to a request for complete releases of collateral, and the procedures for release of
collateral shall be as set forth in the Improvements Agreement.
2. County requires applicants to provide collateral to guaranty all of their obligations
under the associated Improvements Agreement in the following forms: ( 1 ) Project
Collateral for completion of all improvement described in the Improvements Agreement
shall be provided separately for on-site improvements and off-site improvements; (2)
Warranty Collateral required for all improvements during the warranty phase; and (3)
Road Maintenance Collateral (if applicable) to be kept in place for the life of the permit.
3. The value of Project Collateral submitted to the County must be equivalent to one
hundred percent (100%) of the value of the improvements identified on the accepted
Construction Plans and USR Plat Map or SPR Site Plan Drawing, and further enumerated
in the Improvements Agreement. Prior to Final Plat approval, the applicant shall indicate
which of the three (3) types of collateral he or she prefers to secure the improvements
subject to final approval by the Board of County Commissioners (hereinafter referred to
as the Board) and the execution of an Improvements Agreement. Acceptable collateral
shall be submitted either upon execution of the Improvements Agreement or as set forth
in the Improvements Agreement. If acceptable collateral is not submitted at the time
required, expires prematurely, or becomes unacceptable pursuant to the terms of
paragraph 4 below, and is not timely replaced, then the Final Plat approval and all
preliminary approvals shall automatically expire. An applicant may request that the
Board extend the Final Plat approval, provided that the cost estimates are updated and the
development plans are revised to comply with all current County standards, policies and
regulations. Unless otherwise set forth in the Improvements Agreement, the
improvements shall be completed within one (1 ) year after the Final Plat approval (not
one [ 1 ] year after acceptable collateral is submitted), unless the applicant requests that the
Improvements Agreement be renewed at least thirty (30) days prior to its expiration and
further provides updated cost estimates for the remaining improvements and collateral is
provided in the amount of one hundred percent (100%) of the value of the improvements
remaining to be completed. If improvements are not completed and the agreement not
renewed within these time frames, the Board, at its discretion, may make demand on all
or a portion of the collateral and take steps to see that the improvements are made.
4. Warranty Collateral for all on-site and off-site improvements shall be submitted to
and held by the County for one (1 ) or two (2) years, as set forth in the Improvements
Agreement following County's written acceptance of the improvements.
a. All references to "Acceptance of Improvements" shall refer to the County
confirming completion of the improvements according to the accepted Construction
Plans. By accepting any improvement, the County does not thereby accept it for
purposes of future maintenance, nor does the County accept any present or future
responsibilities or obligations relative to the improvements.
6
5. In the event applicant fails to adequately complete and/or repair improvements
associated with the Improvements Agreement, the County shall have the authority to
access, at its sole discretion, Project or Warranty Collateral to the extent necessary to
complete the improvements or repairs in order to preserve public interest.
6. Road Maintenance Collateral shall be submitted to County upon the release of the
Warranty Collateral by the Board of County Commissioners. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The amount
of the collateral required for road maintenance shall be established by the Weld County
Department of Public Works based upon its determination of the anticipated maintenance
expenses, and its determination of the amount shall be final. Road maintenance collateral
shall be held by County as long as the Agreement is in effect and returned to the
applicant upon vacation of associated land use agreement or permit. The Road
Maintenance Collateral will only be accessed by the County, if upon notification to the
applicant of required roadway repairs, applicant fails to perform said repairs. If any of the
Road Maintenance Collateral shall be collected by County, applicant shall replace the
amount, plus interest, within six (6) months.
7. Road Maintenance Collateral shall be adjusted annually, in the month of January,
for inflation. The first adjustment shall be made no less than twelve ( 12) months after,
and in no event later than twenty-four (24) months from, the execution of the
Improvements Agreement. The adjustment shall be equal to the inflation rate based on
the "Colorado Construction Cost Index Report," as published by the Colorado
Department of Transportation.
8. The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The
applicant would need only to provide collateral for the improvements in each filing as
approved. The County will place restrictions on those portions of the property that are not
covered by collateral which will prohibit the conveyance of the property or the issuance
of building permits until collateral is provided or until improvements are in place and
approved pursuant to the requirements for a request for release of collateral at Subsection
C., below.
9. The Board of County Commissioners of Weld County reserves the right to reject
collateral which is deemed inappropriate or insufficient, which may be either as collateral
in the form of a letter of credit offered by a banking institution which does not have at
least a "three star" rating given by Bauer Financial, or as collateral in the form of a
performance bond offered by an insurance company which does not have at least a B+
rating given by A.M. Best. The Board further reserves the right to require the applicant to
obtain replacement collateral if the rating of the financial institution providing the
collateral drops below the levels stated above. Replacement collateral shall be submitted
by the applicant within sixty (60) days of the Board's notice to the applicant that the
rating has fallen and that the collateral must be replaced. The applicant may not terminate
existing collateral until replacement of collateral has been secured.
7
B. The three (3) types of collateral listed below are acceptable to the County:
1 . An irrevocable letter of credit from a federal or state licensed financial institution
-eft-a- 'orm supplied by the County. The letter of credit shall state at least the following:
a. The letter of credit shall be in an amount equivalent of one hundred percent
( 100%) of the total value of the improvements as set forth in Subsection A2 above.
b. The letter of credit shall provide for payment upon demand to the County if the
applicant has not performed the obligations specified in the Improvements Agreement
and the issuer has been notified of such default.
c. applicant may draw from the letter of cre • ' dance ' e Pa. , �,, J
rovisions o ` • r n. d ( z
C "tL The issuer of the letter of credit shall guarantee that at all times the unreleased
portion of the letter of credit shall be equal to a minimum of one hundred percent
(100%) of the estimated costs of completing the uncompleted portions of the required
improvements, based on inspections of the development by the issuer. In no case shall
disbursement for a general improvement item exceed the cost estimate in the
Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). In
the event the applicant is required to warranty the improvements, the letter of credit .42-44
`2
(shall specify that fifteen percent ( 15%) of the total letter of credit amount cannot be �-�
drawn upon and will remain available to the County until released by the County at <
the end of the warranty period) mo ct4d tor& padabAckoltCL ,1� % .
4 "e: The letter of credit shall specify that the date ofprop_osed expiration of the letter
of credit shall be the date of release by the County of the final fifteen percent (15%),
as set forth in Subparagrap above. The letter shall stipulate that the letter of credit .cie ;
shall remain in full force an effect until after the Board has received sixty (60) days'
written notice from the issuer of the letter of credit of the pending expiration. The ..e),;(1::::-Leo
notice shall be sent by certified mail to the Clerk to the Board. 4
et
2. A surety bond given by a corporate surety authorized to do business in the Stateti n X14
an amount equivalent to one hundred percent (100%) of the value of the improvements as
specified in the Improvements Agreement.
a. The applicant shall utilize only a County approved form when obtaining a
surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of the form shall
be provided to applicant upon request.
b. In the event the applicant is required to warranty the improvements, the
applicant shall replace the original bond in the amount of fifteen percent (15%) of the
original bond and shall remain available to the County until released by the County at
the end of the warranty period.
8
3. A cash deposit made with the Board equivalent to one hundred percent (100%) of
the value of the improvements set forth in the Improvements Agreement. In the event the
applicant is required to warranty the improvements, the applicant shall replace the
original deposit with a deposit in the amount of fifteen percent (15%) of the original
amount and those funds shall remain available to the County until released by the County
at the end of the warranty period.
C. Requests for release of collateral:
1 . Prior to release of collateral for the entire project or for a portion of the project by
the County, the developer must present a Statement of Substantial Compliance from an
engineer registered in Colorado. Engineering Statements of Substantial Compliance are
only required following notification by the County. The Statement of Substantial
Compliance shall state that the project or a portion of the project has been completed in
substantial compliance with approved plans and specifications documenting the
following:
a. The engineer or his representative has made regular on-site inspections during
the course of construction and the construction plans utilized are the same as those
accepted by the County.
b. For the improvements to public rights-of-way or easements, test results must be
submitted for all phases of this project as per Colorado Department of Transportation
(CDOT) Schedule for minimum materials sampling, testing and inspections found in
CDOT Materials Manual.
c. "As-built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior written acceptance from the County Engineer.
d. The Statements of Substantial Compliance must be accompanied, if applicable,
by a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
e. A letter must be submitted from the appropriate Fire Authority, if applicable,
indicating the fire hydrants are in place in accordance with the approved plans. The
letter shall indicate if the fire hydrants are operational and state the results of fire flow
tests.
2. The requirements in Sub-paragraphs l .a. through e., above, shall be noted on the
final accepted construction plans.
3. Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the improvements by the Weld County Department of
9
Planning Services and the Weld County Department of Public Works, the applicant may
request release of the collateral for the project or portion of the project by the Board. This
action will be taken at a regularly scheduled public meeting of the Board.
4. For all on-site and/or off-site improvements (including improvements to public
rights-of-way or easements), the written request for release of collateral shall be
accompanied by Warranty Collateral in the amount of fifteen percent (15%) of the value
of the improvements as shown in the Improvements Agreement excluding improvements
fully accepted for maintenance by the responsible governmental entity, special district or
utility company.
5. Following the written request for release of the Warranty Collateral, the Weld
County Department of Planning Services and the Weld County Department of Public
Works County shall inspect the on-site improvements. If the improvements need
mitigation or further repairs are required, said work must be completed prior to the
conclusion of the Warranty period. The Warranty Collateral shall be released to the
Property Owner following the expiration of the warranty period upon final written
acceptance by the Board of County Commissioners.
6. Road Maintenance Collateral for roads associated with the designated haul route
shall be maintained as long as the associated land use permit is active, and shall be
adjusted annually according to the procedure set forth in Sub-paragraph A.7., above.
ARTICLE XII
Miscellaneous Policies
150
Sec. 2-12aL Use of household appliances in the workplace.
A. Employees working in County buildings equipped with stoves, ovens and/or
microwave ovens located in designated kitchen areas may use those appliances to heat and
prepare food during shifts extending into normal meal times. No food preparation involving
the heating of oils or greases shall be allowed. Employees using kitchen area appliances
shall not leave them unattended. County Health and Wellness representatives for each
department shall be responsible for assuring that fire extinguishers are properly located
within the kitchen areas and that employees using the appliances are properly trained in their
use. No toaster ovens, hot plates, or electric grills shall be used in any County buildings.
Toasters, coffee and/or tea makers, popcorn makers, and crock pots may be used for food and
drink heating and preparation only in areas approved for such use. All such appliances must
be: 1 ) certified and listed by a nationally recognized independent testing laboratory, such as
Underwriters Laboratories (UL), 2) equipped with automatic turn-off capability, and 3)
maintained in a clean and safe condition.
B. Space heaters may be used by employees only in accordance with the following
conditions:
10
1 . The employee must inspect the heater prior to each use and its specifications, and
its location must be documented with the department's Health and Wellness
representative so random/annual inspections may be performed.
2. The heater must be: a) certified and listed by a nationally recognized independent
testing laboratory, such as Underwriters Laboratories (UL), b) equipped with automatic
turn-off capability, c) maintained in a clean and safe condition, d) cool to touch when in
operation, e) have an enclosed or closely guarded heating element and a built-in
automatic shut-off tip-over protection, f) equipped with a high temperature-limiting
device, g) not exceed 500 watts maximum output, and h) have an on/off switch.
C. Employees using any of the appliances listed above in the workplace are responsible
for their safe use and may be liable for the total cost of any damages to County buildings,
equipment, or personal property resulting from mishaps caused by use of household
appliances in the workplace.
11
'LAY) - el? z
RESOLUTION
RE: APPROVE AMENDMENT TO THE HEALTH INSURANCE CONTINUATION PROGRAM
FOR RETIREES ENDING PROGRAM FOR CERTAIN RETIREES AFTER JUNE 30,2012,
AND APPROVE NEW FORM OF AGREEMENT
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado,and
WHEREAS,the Board of County Commissioners approved a health insurance continuation
program for retirees meeting certain criteria by resolution November 30, 1998, as amended
December 16,2002,September 21,2005,and September 15,2008(collectively referred to herein
as "the Program"), to provide gap coverage for early retirees between the ages of 55-64 until
Medicare coverage started at age 65, and
WHEREAS,while prior to January 1, 2007, the Program was funded on a pay-as-you-go
basis, beginning January 1, 2007, in accordance with governmental accounting standards, the
Program's actuarial financial liability had to be reflected on the County's financial statement,and
WHEREAS, continuation of the Program as it is currently formulated creates a significant
financial liability to the future taxpayers of Weld County,and
WHEREAS,the Program is not part of the Weld County Retirement Plan and is not a vested
benefit or right,but may be amended or stopped at any time by the Board of County Commissioners
for any reason, and
WHEREAS, on September 15, 2008, the Board of County Commissioners stopped the
Program, effective January 1, 2009, except for employees born prior to January 1, 1957, or
employees born prior to December 31, 1958,who will have 30 years of service prior to reaching age
62, and employees meeting these exceptions were grandfathered and may remain eligible for
continued benefits under the Program,and
WHEREAS,the Board of County Commissioners desires to amend the Program for retirees
in light of the passage of the Federal health reform bill,the Patient Protection and Affordable Care
Act(PPACA), and
WHEREAS,effective January 1,2014,because of PPACA,early retirees will have the option
of quality affordable health insurance coverage through State health exchange programs, and
WHEREAS,predictions from benefit consultants indicate many employers currently offering
retiree health insurance coverage are planning on dropping such plans effective January 1, 2014,
and
WHEREAS,under the Program,current eligible retirees have signed agreements with the
Board of County Commissioners providing retiree health insurance coverage and their coverage
cannot be changed contractually; however, the Board of County Commissioners can change the
program for employees without a signed agreement who have not yet retired who may be eligible for
the program, and
r \\ :"AA r, 2010-1572
c;s_11_ o PE0017
APPROVE AMENDMENT TO THE HEALTH INSURANCE CONTINUATION PROGRAM FOR
RETIREES ENDING PROGRAM FOR CERTAIN RETIREES AFTER JUNE 30, 2012, AND
APPROVE NEW FORM OF AGREEMENT
PAGE 2
WHEREAS,the Board of County Commissioners wishes to balance the financial liability of
the Weld County taxpayers,while also being fair to the employees, and
WHEREAS,with benefit consultants predicting that nearly all private employer retiree health
plans will be dropped and retirees transitioned to state insurance exchange coverage after 2014,it
will be increasingly difficult for local governments,such as Weld County,to justify keeping such a
costly benefit plan for its retirees at taxpayer expense after 2014, and
WHEREAS, early retirees with coverage terminated under the Program may obtain
continued coverage for eighteen (18) months under the Consolidated Omnibus Budget
Reconciliation Act of 1985(COBRA);therefore, beginning July 1,2012, an early retiree's COBRA
coverage provides health insurance coverage under COBRA,until December 31,2013,when early
retirees will have the option of quality affordable health insurance coverage through state health
exchange programs,and
WHEREAS, the Board of County Commissioners therefore desires to end the Program
effective June 30,2012,for employees eligible for the Program but who have not yet retired and not
yet signed an agreement for continuation of health insurance as of the date of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the
Program be, and hereby is, terminated effective June 30, 2012, for all employees eligible for the
Program but who have not yet retired and not yet signed an agreement for continuation of health
insurance as of the date of this Resolution.
BE IT FURTHER RESOLVED by the Board of County Commissioners that the form
agreement entitled, "Agreement for Continuation of Health Insurance for Former Weld County
Employee or Elected Official Who Is Now Drawing Benefits from the Weld County Retirement Plan,"
be, and hereby is, amended to the format on the attached Exhibit"A,"such that it ends continued
health insurance coverage effective June 30, 2012, for all retiring employees signing said
agreement from this date forward.
2010-1572
PE0017
APPROVE AMENDMENT TO THE HEALTH INSURANCE CONTINUATION PROGRAM FOR
RETIREES ENDING PROGRAM FOR CERTAIN RETIREES AFTER JUNE 30, 2012, AND
APPROVE NEW FORM OF AGREEMENT
PAGE 3
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of July,A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
v"..O46........7:- �- i' t
ATTEST: rn,° ..;�. 2 _ 4
tit:
gl. Radem cher, C•.it
Weld County Clerk to the B�:rd c
t 1 — -
� —`is .'. /rrbara Kirkmeye , ' o-Tem
Dep Clerk t f e Board ��
Se{an� Cc�aw
_ L —a
L �
AP' • ED e RM: V 'i m . la — J
•
d' m a(�rc ((�� �r
ounty Attorney wn C
David E. Long �I/
Date of signature: n/ i!IL
2010-1572
PE0017
AGREEMENT FOR CONTINUATION OF HEALTH INSURANCE FOR FORMER
WELD COUNTY EMPLOYEE OR ELECTED OFFICIAL WHO IS NOW DRAWING
BENEFITS FROM THE WELD COUNTY RETIREMENT PLAN
THIS AGREEMENT is entered into this day of , , by and
between ,whose address is
, hereinafter referred to as "Retiree," and the Board of County
Commissioners of Weld County, Colorado, whose address is P.O. Box 758, 915 10th Street,
Greeley,CO 80632,hereinafter referred to as"Board."
WITNESSETH:
WHEREAS,Retiree:
a. retired from employment with Weld County on or after December 16,
1998, after at least 10 years of service, or was an elected official of Weld
County,Colorado,for at least one full four-year term,and
b. has attained the age of 55 years,and
c. is now drawing benefits from the Weld County Retirement Plan,and
WHEREAS, on the date of his or her retirement or end of office, Retiree and his/her
dependent(s) (if any) was (were) enrolled and in good standing with Weld County's health
insurance program,and
WHEREAS, Retiree wishes to continue his/her health insurance and his/her
dependent(s)' (if any) health insurance through Weld County's health insurance program
pursuant to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, and in consideration of Retiree's service to Weld County for the past ten years,or as an
elected official for at least one full four-year term,the parties hereto agree as follows:
I. CONTINUED HEALTH INSURANCE FOR RETIREE: Conditioned upon Retiree's
prompt payment of the monthly health insurance premium as detailed in Paragraph 4.,
below,and non-cancellation of the Retiree's health insurance,Retiree shall be eligible for
continued health insurance through Weld County's health insurance provider until
Retiree attains the Normal Retirement Age for Social Security ("NRA"), becomes
eligible for health insurance coverage with another employer, becomes eligible for
Medicaid or Medicare coverage before attaining the NRA, or until June 30, 2012, when
continued health insurance coverage for the Retiree is available under the Consolidated
Omnibus Budget Reconciliation Act of 1985 (COBRA) until December 31, 2013, when
coverage can be obtained under the state insurance exchange authorized under the Patient
Page I of 5 Pages
r
a
a o a:
Protection and Affordable Care Act. Such continued health insurance shall be the same
as that offered to regular, full-lime,current employees of Weld County,through the same
health insurance provider. Retiree acknowledges and agrees that the health insurance
provider who is providing such continued health insurance may change without Retiree's
consent.
2. CONTINUED HEALTH INSURANCE FOR RETIREE'S DEPENDENT(S) (IF
APPLICABLE): On the date of Retiree's retirement, he or she had dependant(s)
(hereinafter"Dependent(s)")enrolled in and in good standing with Weld County's health
insurance program. Conditioned upon Retiree's prompt payment of the monthly health
insurance premium on behalf of Dependent(s), as detailed in Paragraph 4., below, and
non-cancellation of the Dependant(s)' health insurance,Dependent(s)shall be eligible for
continued health insurance through Weld County's health insurance provider,until either
of the following: 1) Retiree attains the NRA, becomes eligible for health insurance
coverage with another employer, becomes eligible for Medicaid or Medicare coverage
before attaining the NRA, or until June 30, 2012, when continued health insurance
coverage for the Retiree is available under COBRA until December 31, 2013, when
coverage can be obtained under the state insurance exchange authorized under the Patient
Protection and Affordable Care Act, or becomes otherwise ineligible; or 2)Dependent(s)
lose(s) his or her (their) eligibility for continued health insurance by attaining the NRA,
of becomes eligible for health insurance coverage with another employer, becomes
eligible for Medicaid or Medicare coverage before attaining the NRA, or until June 30,
2012, when continued health insurance coverage for the Dependent(s) is available under
COBRA until December 31, 2013, when coverage can be obtained under the state
insurance exchange authorized under the Patient Protection and Affordable Care Act.
Such continued health insurance shall be the same as that offered to regular, full-time,
current employees of Weld County,through the same health insurance provider. Retiree,
on behalf of his/her Dependent(s), acknowledges and agrees that the health insurance
provider who is providing such continued health insurance may change without Retiree's
and his/her Dependent(s)' consent. Dependants of the Retiree who are not enrolled in
and in good standing with Weld County's health insurance program as of the date of the
signing of this Agreement are not eligible for continued health insurance as detailed
herein.
3. DETERMINATION OF ELIGIBILITY: The determination of eligibility for the Retiree's
and his/her Dependent(s) (if any) in the continued health insurance shall be by the Weld
County Director of Personnel, with any appeal to the insurance carrier, who shall have
final authority to make such determination.
4. COBRA RIGHTS: Retiree and his/her dependents(s) (if any) shall have the same rights
under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) as do
regular, full-time, current employees of Weld County eligible for and participating in the
County's regular health insurance program. An eligible Retiree, upon retirement has the
Page 2 of 5 Pages
choice between electing this Retiree coverage,if eligible,COBRA continuation coverage,
or no additional coverage.
5. CONTINUED HEALTH INSURANCE PREMIUM: The premium Retiree shall pay, for
his own continued health insurance coverage and for continued health insurance coverage
for his or her Dependant(s) (if any), shall be the same as that paid on behalf of regular,
full-time, current employees of Weld County. The County contribution paid for the
Retiree's and his/her Dependent(s)(if any)shall also be the same as that paid on behalf of
regular, full-time,current employees of Weld County. Retiree, on his own behalf and on
behalf of his Dependent(s) (if any), acknowledges and agrees that premium rates may
change without Retiree's and such Dependent(s)'consent.
6. RETIREE WORKING FOR WELD COUNTY IN LESS THAN FULL-TIME
POSITION: The fact that Retiree may continue to work for Weld County in less than a
full-time position does not make Retiree and his/her Dependent(s) (if any) ineligible for
continued health insurance, if the requisites of eligibility set forth above are otherwise
met.
7. TERM: The term of this Agreement is from the Retiree's date of retirement,to and until
such time as Retiree and his/her Dependent(s)(if any)are no longer eligible for continued
health insurance as determined by the terms of this Agreement.
8. NATURE OF AND AUTHORITY FOR CONTINUED HEALTH INSURANCE: The
continued health insurance contemplated by this Agreement is being offered to Retiree
and his/her Dependent(s) (if any) as a fully funded benefit in consideration of Retiree's
service to Weld County over the course of the previous 10 years,or as an elected official
for at least one full four-year term. The continued health insurance is not a part of or paid
from the Weld County Retirement Plan, nor is it a defined benefit retirement plan
pursuant to the provisions of Section 401(a)of the I.R.S.Code.
9. CERTIFICATION OF CONTINUED ELIGIBILITY: This program requires a
recertification of eligibility by covered Retirees and their dependent(s) every six months
(annual enrollment and July first of each year). Failure to complete and return the
recertification by the deadline date on the recertification form or falsification of the
recertification will result in the permanent loss of coverage under this Agreement for the
Retiree and/or dependent(s).
10. SEVERABILITY: If any term or provision of this Agreement,or the application thereof
to any person or circumstances shall, to any extent, be held invalid or unenforceable,the
remainder of this Agreement, or the application of such terms or provisions, to a person
or circumstances other than those as to which it is held invalid or unenforceable,shall not
be affected, and every other term and provision of this Agreement shall be deemed valid
and enforceable to the extent permitted by law.
Page 3 of 5 Pages
11. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess,nor shall any portion of this Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this Agreement.
12. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights
of action relating to such enforcement,shall be strictly reserved to the undersigned parties
(including the Retiree's Dependent(s),if any)and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall be
an incidental beneficiary only.
13. MODIFICATION AND BREACH; APPLICABLE LAW; VENUE: This Agreement
contains the entire agreement and understanding between the parties hereto and
supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. Modifications, amendments, notations, renewals, or other
alterations of or to this Agreement shall only be deemed valid or of any force or effect
whatsoever if mutually agreed upon in writing by the undersigned parties. No breach of
any term, provision, or clause of this Agreement shall be deemed waived or excused,
unless such waiver or consent shall be in writing and signed by the party claimed to have
waived or consented. Any consent by any party hereto or waiver of, a breach by any
other party, either expressed or implied, shall not constitute a consent to, waiver of or
excess of any other different or subsequent breach. Applicable law in any dispute
between the parties hereto with respect to the subject matter herein shall be the law of the
State of Colorado. Venue for any litigation between the parties shall be in Weld County
District Court.
Page 4 of 5 Pages
THE PARTIES HERETO HAVE SET THEIR SIGNATURES HERETO THE DATE
ENTERED ABOVE.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD OF OF WELD COUNTY,COLORADO
COUNTY COMMISSIONERS
BY: BY:
Deputy Clerk to the Board ,Chair
NAME OF DEPENDENT(S): RETIREE:
(Print Name of Dependent(s)) Signature of Retiree
(Print Name of Retiree)
Page 5 of 5 Pages
RESOLUTION
RE: APPROVE STANDARD FORM OF AGREEMENT FOR MUNICIPAL JAIL SERVICES
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with the form of an Agreement for Municipal Jail
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,and various providers,with further terms and conditions being as
stated in said form, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
agreement, a copy of which is attached hereto and incorporated herein by reference, and to
delegate standing authority to the Chair of the Board of County Commissioners to execute
individual agreements between Weld County and various providers.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the form of the Agreement for Municipal Jail Services between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and various providers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign any agreements consistent with the form of said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of June,A.D., 2009.
//l BOARD OF COUNTY COMMISSIONERS
/t l ii i E ,a EI.'D COUNTY, COLORADO
1pyt7/xsclq{' i�..: gyp,
ATTEST: 1861 I %A
� J!4411;�a�amF. Ga - 'air
Wel. ounty Clerk to the Bo Tj�,'. (
•.Q� .-
/J X44 i,►t �� Dougl.s Rademach= Pro-Tem
BY:
'L L " lac
Dep "Clerk t,r e oard Th
Sean-P. Conway
213PR yV T RM: EXCUSED
Barb a Kirkmeyer
oun Attomey
David E. Long
Date of signature: -)I t310
2009-1470
SO0030
ht? ; h >/rylo9
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this day of ,20_,by and
between the Town of ,hereinafter referred to as"Municipality,"and the
County of Weld,a political subdivision of the State of Colorado, hereinafter referred to as
"County."
WHEREAS,Municipality does not desire to maintain a jail facility and wishes to use the
County Jail and the services of the Sheriff of the County of Weld;and
WHEREAS,the joint use of the County Jail facilities would provide increased efficiency
for both parties;and
WHEREAS,in accordance with Section 13-15-401 (1)(k)C.R.S., Municipality,with the
consent of the Board of Weld County Commissioners,may use the County Jail for the
confinement or punishment of Municipal Offenders,subject to such conditions as are imposed by
law;and
WHEREAS, in accordance with Section 29-1-203, C.R.S.,political subdivisions may
cooperate or contract with one another to provide any function, service or facility lawfully
authorized to each of the corporations or contracting entities;and
WHEREAS, in order to set forth clearly the responsibilities,obligations,powers and
rights of each of the parties,Municipality and County hereby enter into this Agreement.
NOW THEREFORE,for and in consideration of the mutual covenants,conditions,and
promises contained herein,the parties hereto agree as follows:
Definitions
A. Municipal Offender(s)—shall mean offenders placed with County pursuant to this
Agreement. Municipal Offender(s)may also be referred to as"Offender(s)"in
this Agreement.
B. Municipal Court—the duly designated judicial entity of Municipality.
2. Conditions for Acceptance of Municipal Offender(s)
The following conditions must be met before a Municipal Offender will be accepted for
commitment or placement at the Weld County Jail:
A. The Offender(s):
➢ Must be an adult, 18 years or older.
> Must be without serious medical and or mental health issues,as determined
Page 1 of 11
by the Weld County Jail Medical Services Provider,including,but not limited
to,communicable infectious disease.
S. Identity must be reasonably established.
B. The Pre-booking documentation required by the Jail is complete,to include,but
not be limited to,the literal description of the municipal ordinance violation;or
the literal description of the original municipal ordinance violation,when the
booking results from a municipal arrest warrant for failure to appear,comply,
complete conditions,pay,or a municipal mittimus.
C. One of the following forms of documentation from Municipality must accompany
the Offender or be provided to County prior to the Offender being accepted and
booked into the Jail:
I. Mittimus Order —A mittimus order shall be accepted only if the
commitment is for consecutive days,with the consecutive days not
consisting of weekend days only or with days of liberty interspersed with
days of detention. The Offender may be committed to work release and/or
electronic home detention if the Offender meets the minimum acceptance
criteria for such jail alternative program and if space is available.
II. Arrest Warrant—An arrest warrant issued subsequent to the effective date
of this Agreement shall be accepted only if the arrest warrant: 1)includes
the literal,(original)municipal ordinance description,(e.g. Failure to
Appear/Speeding,Failure to Pay Fines&Costs/Disorderly Conduct,etc.),
AND 2)specifies the amount and type of bond to secure bail,such as: a)
an amount of cash,b)an amount of cash or surety,c)personal
recognizance after 24 hours,or d)"Hold without Bond." (These
requirements shall not apply to arrest warrants issued prior to the effective
date of this Agreement.)
Notice of the municipal arrest warrant service shall be made to the
Municipal Court clerk by fax and first class mail,or a mutually accepted
alternative,no later than the following work day. Municipality shall
provide the Municipal Court clerk's fax number to County at the time of
the execution of this Agreement. The municipal law enforcement agency
listed as the arrest warrant originating agency on the Colorado Bureau of
Investigation's Colorado Crime Information Center(CCIC)computer
system will be notified that the Offender has been located when the arrest
warrant is confirmed. The Weld County Jail is not responsible for notice
to Municipality, Municipal Court,or Municipal Court clerk other than by
the means described in this Agreement.
Page 2 of 11
III. Penalty Assessment,Summons,or Summons&Complaint—A penalty
assessment,summons and complaint,or summons shall be accepted,
except when the Municipal Offender is also: 1)Cited for violations of
Colorado Statues from the same criminal episode giving rise to the
municipal ordinance violation;2)there is an outstanding County or district
court arrest warrant;or 3)a hold has been placed on the Offender by the
Colorado Department of Corrections,Adult Parole Division or the 19th
Judicial District Probation Department.
Municipal Offenders cannot be released on a personal recognizance after
their incarceration based upon the issuance of these documents when any
one of the three(3)above set forth circumstances are present.
D. Municipality shall provide County with an Annual Court Appearance Schedule.
3. Description of Services County shall be responsible for the following:
A. In accordance with the terms of this Agreement,to safely keep every adult
Offender lawfully committed or placed in the Jail for safekeeping,examination,
trial,or duly sentenced to imprisonment in the Jail upon conviction for any
contempt, misconduct,or for any violation of municipal ordinance. County shall
not release the Offender from Jail,on bail or otherwise,except by lawful authority
and/or pursuant to the provisions of this Agreement.
B. To make record of every adult Offender lawfully committed or placed in the Jail
in accordance with the terms of this Agreement. The record shall include a
photograph or digital image of the Offender and Offender identification
information as defined in Sections 24-72-302(1)and 24-72-302(2)C.R.S.
1. Ten-print fingerprint cards will be electronically sent to the Colorado
Bureau of Investigation when the literal description of the municipal
ordinance is provided on pre-booking documentation and/or municipal
arrest warrants. A ten-print fingerprint card will be maintained by County
for each Municipal Offender in accordance with the Weld County
Sheriffs Office Criminal Justice Records Retention Schedule approved by
the Colorado Archivist.
C. To accept Municipal Court orders temporarily detaining Offenders held pursuant
to county or district court matters. County is responsible for providing timely
notice to the municipal law enforcement agency or Municipal Court detaining the
Offender when there has been a disposition of pending county or district court
matters. Municipal Offenders shall be held no more than 4 hours pursuant to a
municipal detainer.
Page 3 of 11
D. To accurately prepare for and accept bonds and related cash or surety documents,
setting court appearances in accordance with Municipal Court schedules,
completing mittimi,and completing or preparing other Municipal Court
documents required to accept and release Municipal Offenders into and from the
Weld County Jail. County is responsible for making said documents available to
the Municipal Court clerk or mailing said documents to the Municipal Court clerk
no later than the following work day by first class mail,postage prepaid.
E. To afford Municipal Offenders access to inmate programs and activities in a
manner consistent with the Jail classification of like County inmates. The
Municipal Offender's classification will be determined by the Jail Inmates
Services Unit Classification staff.
F. To comply with Sections 17-26-109 and 17-26-115 C.R.S. and afford a sentenced
Municipal Offender a deduction of time for his/her Municipal Court sentence in a
manner consistent with sentenced County offenders.
G. To determine sentenced Municipal Offender's eligibility and conditions for
furlough consistent with sentenced County offenders. County shall notify the
Municipal Court of any Municipal Offender furlough.
4. Duration of Agreement — This Agreement shall be effective upon final execution by the
appropriate officers of both parties. This Agreement shall continue through
fDatel ,and shall automatically renew from year to year unless sooner
terminated by notice from either party to the other party in accordance with paragraph 5
of this Agreement. At the time this Agreement is terminated, Municipality shall take
physical custody of all Municipal Offenders.
5. Termination of Agreement —This Agreement may be unilaterally terminated,with or
without cause,by giving thirty(30)days written notice,by either party delivered to the
other party in accordance with paragraph 12"Notices." Within thirty(30)days after
delivery of said notice, Municipality shall take physical custody of Municipal Offenders
then in County's custody pursuant to this Agreement.
6. Emergency Release —Notwithstanding the provisions of paragraphs 4 and 5 set forth
herein,County has the authority to release,on an emergency basis,those Municipal
Offenders when County deems such release necessary due to exigent circumstances.
County shall,in its sole discretion,determine those exigent circumstances which
necessitate such emergency release. Such exigent circumstances may include, but are not
limited to, inmate overcrowding of the County Jail. County shall notify the Municipal
Court of the Offender's name,date and time released,and the basis for release due to
exigent circumstances.
Page 4 of 11
7. Agreement Monitor —In order to administer this Agreement effectively,Municipality
shall designate an Agreement Monitor. Until further notice is received,Municipality's
Agreement Monitor shall be the individual named in Schedule A,attached hereto and
incorporated herein by reference. Any change in the Agreement Monitor shall be
effective upon ten(10)days advance written notice to County's Contact Person.
8. County Contact Person —In order to administer this Agreement effectively,the Sheriff or
his/her designee shall act as County's Contact Person. Until further notice is received,
County's Contact Person shall be the individual named in Schedule A,attached hereto
and incorporated herein by reference. Any change in County's Contact Person shall be
effective upon ten(10)days advance written notice to Municipality's Agreement
Monitor.
9. Cost and Reimbursement
A. Except as otherwise provided in this Agreement,all costs of housing
Municipality's Offenders,pursuant to the terms of this Agreement shall be fixed
and reimbursed at the"per offender per day"rate set in the previous year by the
Joint Budget Committee of the Colorado General Assembly for reimbursement to
Colorado counties for holding backlogged Department of Corrections inmates.
Said rate shall begin January I of the year following the setting of the rate and
continuing to and until December 31 of such year. Municipality shall reimburse
County for the day Municipality's Offender is delivered and for every subsequent
day that Municipality's Offender is assigned to the Weld County Jail,but not the
day that Municipality's Offender is released from the Weld County Jail due to
completion of sentence or by order of the committing Court.
B. For those Offenders who remain in the County Jail for a period of no more than
four(4)hours, Municipality shall pay County a processing fee at the rate of fifty
(50%)per cent of the fixed offender Per Diem rate set forth in paragraph 9.A.
C. Municipality shall reimburse County at the rate of thirty(30%)per cent of the Per
Diem rate set forth in paragraph 9.A.,above, for each offender participating in the
secure detention alternative programs described in and permitted pursuant to
paragraph 3.E.above.
D. If the Municipal Offender is detained in the Weld County Jail under the
concurrent authority of Municipality and of other municipal jurisdictions,
Municipality shall be responsible for no more than its equally proportional share
of the cost of housing and maintaining the Offender in custody and/or under the
supervision of the Weld County Sheriff.
E. The costs of providing routine,on-site or contract medical,psychiatric or dental
Page 5 of 11
services shall be considered normal costs incidental to the operation of the County
Jail,as further defined in Schedule B,attached hereto and incorporated herein by
reference,and are considered part of the costs reimbursed by the Per Diem rate per
Offender as provided in paragraph 9.A.above. County shall be reimbursed by
Municipality for the costs of extraordinary health care services,as further defined
in Schedule B. Offenders participating in secure detention alternative programs
are responsible for their own medical,psychiatric and dental care.
F. Physical damage to the Weld County Jail as a direct result of the placement of a
Municipal Offender housed therein shall not be considered"usual costs"
incidental to the operation of the Weld County Jail. These costs shall not be part
of the costs reimbursed by the fixed rate per offender per day as provided by
paragraphs 9.A.,9.B. and 9.C.,above. County shall be reimbursed separately by
Municipality for these costs.
G. Municipality shall be billed monthly by County for the rates set forth in
paragraphs 9.A.,9.B.,and 9.C. herein. Payment shall be made within thirty(30)
days of receipt of County's invoice. Municipality shall reimburse County for
extraordinary medical expenses as set forth in Schedule B. Municipality shall
reimburse County for non-medical extraordinary expenses incurred under the
terms of this Agreement within thirty(30)days of receipt of County's invoice.
10. Transportation—Transportation of Offenders in custody for violation of a municipal
ordinance is the sole responsibility of Municipality. If Municipality and County have
entered into a separate agreement for law enforcement services,then transportation of
Offenders in custody for violation of a municipal ordinance shall take place in accordance
with the provisions of said agreement and all costs incurred by County in the course of
providing such transportation on behalf of Municipality shall be paid by Municipality as
provided therein.
11. Responsibility for Legal Proceedings — Municipality shall be responsible for defending
itself and its officers,employees,or agents in any civil action brought against
Municipality,its officers,employees,or agents by any Municipal Offender in the physical
custody of County. Municipality and its officers,employees,or agents shall not be
deemed to assume any liability for intentional or negligent acts,errors or omissions of
County or County's officers,employees,or agents arising out of the housing of any
Municipal Offender pursuant to this Agreement.
County shall be responsible for defending itself, its officers,employees,or agents in any
civil action brought against County, its officers,employees,or agents by any Municipal
Offender in the physical custody of County. County and County's officers,employees,or
agents,shall not be deemed to assume any liability for intentional or negligent acts,errors
or omissions of Municipality or Municipality's officers,employees,or agents arising out
Page 6 of 11
of the housing of any Municipal Offender pursuant to this Agreement.
12. Notices —Any notices provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail,return receipt requested,postage prepaid,
at the address set forth in Schedule C,attached hereto and incorporated herein by
reference, until such time as written notice of a change of address is received from the
other party. Any notice so mailed and any notice served by personal delivery shall be
deemed delivered and effective upon receipt or upon attempted delivery. This method of
notification will be used in all instances,except for emergency situations when immediate
notification to the Agreement Monitor or the County Contact Person is required.
13. No Third Party Beneficiary Enforcement —It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement,and all rights of action
relating to such enforcement,shall be strictly reserved to Municipality and County,and
nothing contained in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included as a party to this Agreement. It is the
express intention of Municipality and County that any entity other than Municipality or
County,receiving services or benefits under this Agreement shall be deemed an
incidental beneficiary only.
14. Modification and Breach of Contract — This Agreement and the attached schedules
contain the entire agreement and understanding between the parties and supersedes any
other agreements concerning the subject matter of this transaction whether oral or written.
No modification,amendment,revocation,renewal or other alteration of or to this
Agreement and the attached schedules shall be deemed valid or of any force or effect
whatsoever,unless mutually agreed upon in writing by the parties. No breach of any
term,provision or clause of this Agreement and attached schedules shall be deemed
waived or excused, unless such waiver or consent shall be in writing and signed by the
party claimed to have waived or consented. Any consent by any party to,or waiver of,a
breach by the other,whether express or implied,shall not constitute consent to, waiver of,
or excuse for any other different or subsequent breach.
15. Severability — If any term or condition of this Agreement shall be held to be invalid,
illegal or unenforceable,this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original
intent of the parties.
16. Immunities —Notwithstanding any other provision contained herein,neither party waives
any immunities to which they are legally entitled.
17. Budget Constraints — Nothing in this Agreement shall be construed to require the Board
of County Commissioners for Weld County to provide funding not already budgeted for
the applicable fiscal year.
Page 7 of 11
Signed and executed the day of ,20__
TOWN OF
STATE OF COLORADO
ATTEST:
By:
Town Clcrk
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY,COLORADO
ATTEST:
By:
Chair
By:
Deputy Clerk to the Board
Page 8 of 11
AGREEMENT FOR MUNICIPAL JAIL SERVICES
SCHEDULE A
1. Until further notice is received,Municipality's Agreement Monitor shall be:
2. Until further notice is received,County's Contact Person shall be:
Kim Higuera,Office Manager
Executive Support Services Division
Weld County Sheriff's Office
1950 O Street
Greeley,CO 80631
Telephone: (970)356-4015
Page 9 of 11
AGREEMENT FOR MUNICIPAL JAIL SERVICES
SCHEDULE B
The cost of providing to Municipal Offenders routine on-site medical psychological/psychiatric,
dental and medications service,customarily provided to persons sentenced to confinement in the
Weld County Jail, shall be considered usual costs incident to the operation of the Weld County
Jail. These usual costs include but are not limited to,regularly scheduled sick call,nursing
coverage,regular on-site physician visits,routine x-rays for diagnostic purposes which may lead
to off-site care,and the dispensing and cost of common prescription medications for routine and
minor illnesses.
Extraordinary medical expenses for extraordinary health care shall be the responsibility of
Municipality,subject to the authorization provision below. For purposes of this Agreement,
extraordinary medical expenses are those expenses for extraordinary health care commonly
provided to Offenders on-site at the Weld County Jail by the Weld County Jail health car
provider. Extraordinary medical expenses also include costs for prescribed prosthetics, hearing
aids,prescribed eyeglasses,dentures or costs for any cosmetic,dental or elective medical
procedure or treatment. Extraordinary health care includes but is not limited to,prescription
medication for serious,chronic, infectious and/or uncommon illnesses such as diabetes and
hepatitis;respiratory care including requirements for oxygen;rehabilitation-therapy and
equipment;care requiring a general or spinal anesthetic;care requiring the services of a surgeon
and attending nursing care;dental surgery excluding the repair of cavities,on-site tooth
extraction or routine dental procedures;ambulance or Air Life transportation. The Weld County
Jail health care provider shall determine when off-site care is required for Municipal Offenders
housed at the Weld County Jail.
Extraordinary medical expenses shall be reimbursed by Municipality provided:
1) Such service is emergency medical treatment as determined by the Weld County
Jail health care provider,or
2) Such service was approved in advance by the Agreement Monitor.
In cases where the Weld County Jail health care provider has determined that
extraordinary care must be provided prior to obtaining the Agreement Monitor's consent,
the Weld County health care provider shall notify the Agreement Monitor as soon as
practicable,but no later than 8 hours after the rendering of care.
Page l0 of 11
AGREEMENT FOR MUNICIPAL JAIL SERVICES
SCHEDULE C
1. Any notice to Municipality provided for in this Agreement shall be sent to the Agreement
Monitor at:
2. Any notice to County provided for in this Agreement shall be sent to:
Board of County Commissioners
P.O. Box 758
Greeley,CO 80632-D758
Telephone: (970)356-4000,ext.4225
With a copy to:
Kim Higuera,Office Manager
Executive Support Services Division
Weld County Sheriffs Office
1950 O Street
Greeley,CO 80631
Telephone: (970)356-4015,ext. 2804
Page 11 of 11
Jdotirr, aced to
C,C\Atti
RESOLUTION
RE: APPROVE STANDARD FORMS OF ADDENDUMS TO AGREEMENT TO PURCHASE
OUT-OF-HOME PLACEMENT SERVICES BETWEEN THE WELD COUNTY
DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on May 27,2009, by Resolution#2009-1219,the Board approved the form of
the Agreement to Purchase Out-of-Home Placement Services and Addendums thereto, and
WHEREAS,the Board has been presented with revised forms of the Addendums to the
Agreement to Purchase Out-of-Home Placement Services between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services,and various providers,with further terms and conditions being as
stated in said forms, and
WHEREAS, after review, the Board deems it advisable to approve said forms, copies of
which are attached hereto and incorporated herein by reference,to delegate standing authority to
the Chair of the Board of County Commissioners to execute individual agreements and addendums
between the Department of Human Services and various providers.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,ex-officio Board of Social Services,that the revised forms of the Addendums to
the Agreement to Purchase Out-of-Home Placement Services,between the County of Weld,State
of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the
Department of Human Services and various providers be,and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign said agreements and addendums between the Department of Human Services and various
providers upon presentation.
2010-1375
S, Es4 ur HR0081
Y '
RE: STANDARD FORMS OF ADDENDUMS TO AGREEMENT TO PURCHASE OUT-OF-HOME
PLACEMENT SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of June,A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
a Pad WELD COUNTY COLORADO
ATTEST:
I t6\ ;C iougla; Radem• her, Chair
Weld County Clerk to the Boar USED
® =rbara Kirkmeyer, Pro-Tern
B 1 /r� ' '•�►�
Dep Clerk the Board
Sean P. Crp
AP'-:v p pie' •
Willi . Gar a
ounty Attorney
CI
David E. Long
Date of signature: 1[01'0
2010-1375
HR0081
Hello