HomeMy WebLinkAbout20021962.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COUNTY JAIL SERVICES AND AUTHORIZE CHAIR
TO SIGN -WASHINGTON COUNTY
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 an Agreement for County Jail Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and Washington County,
commencing upon full execution, and ending December 31, 2002, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for County Jail Services between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Sheriff's Office, and Washington County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 24th day of July, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORAD
ATTEST: % L
A ��` Gle aad'Chact,
O1*
Weld County Clerk to ie �,
/ , " l David E. g, Pro-Te
BY:
Deputy Clerk to the =ea..., ',;`\,, ,f.'
�' M. J. Geile
AP AS TO M: ISL. / )/ ,
William
" H. ke
ounty Attorney l
W, Robert D. Masden
Date of signature:
2002-1962
Cb , 5O S00023
AGREEMENT FOR COUNTY JAIL SERVICES
THIS AGREEMENT is made this 24 day of July, 2002, by and between the County
of Washington, a political subdivision of the State of Colorado, whose address is 150 Ash,
Akron, CO 80720, hereinafter referred to as "Washington County," and the County of Weld, a
political subdivision of the State of Colorado, whose address is P.O. Box 758, 915 10'h Street,
Greeley, CO 80632, hereinafter referred to as "Weld County."
WHEREAS, the Weld County Jail is over prisoner capacity and Weld County wishes to
use the Washington County Jail and the services of the Sheriff of the County of Washington; and,
WHEREAS, the use of the Washington County Jail facilities would reduce the backlog of
prisoners at the Weld County Jail who have been sentenced to, or are under the supervision of,
the Colorado Department of Corrections but have not been accepted by the Colorado Department
of Corrections within 72 hours of sentencing or revocation of parole or community corrections;
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, Washington County and Weld County hereby enter into this
Agreement.
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises contained herein, the parties hereto agree as follows:
1. DEFINITIONS
a. Department of Corrections Offender- As used in this Agreement, the term
Department of Corrections Offender, hereinafter referred to as "offender," shall
mean persons sentenced, or returning, to the Colorado Department of Corrections
who have not been accepted by the Colorado Department of Corrections within 72
hours of sentencing or administrative adjudication of a parole or community
corrections violation.
2. CONDITIONS FOR ACCEPTANCE OF WELD COUNTY PRISONERS
The following conditions must be met before an offender may be accepted for
commitment or placement at the Washington County Jail:
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a. The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
b. The offender must not be a significant disciplinary or behavior problem.
c. All of the following forms of documentation must either accompany the offender
OR have been provided to Washington County prior to the offender being booked
into the Jail:
i. A copy of the commitment order for the offender to the Department of
Corrections.
ii. The offender's booking mug shot and basic identification information.
iii. A copy of the offender's medical records in the custody of the Weld
County Jail.
iv. A copy of the offender's classification and disciplinary records in the
custody of the Weld County Jail.
3. DESCRIPTION OF SERVICES
a. In accordance with the terms of this Agreement, it shall be the responsibility of
Washington County to receive and safely keep every offender placed in the
Washington County Jail for safekeeping. Washington County shall not release
said adult offender from the Jail except by lawful authority and/or pursuant to the
provisions of this Agreement.
b. It shall be the responsibility of Washington County to make a record of every
offender duly committed or placed in the Jail in accordance with the terms of this
Agreement.
c. It shall be the responsibility of Washington County to afford offenders access to
inmate programs,privileges, and activities in a manner consistent with the Jail
classification of like Washington County inmates. While Weld County Jail
classification information is provided, the offender's classification will be
determined by Washington County Jail classification staff.
d. It shall be the responsibility of Washington County to notify the Weld County Jail
whenever an offender requires extraordinary medical care in accordance to
Schedule B.
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4. DURATION
This Agreement shall be effective upon final execution by the appropriate officers of both
parties. This Agreement shall continue through December 31, 2002, and shall be
automatically renewable year to year unless sooner terminated by notice from either party
in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, Weld County shall retake all offenders.
5. TERMINATION
This Agreement may be unilaterally terminated, with or without cause, by 30 days written
notice, by either party delivered to the other party in accordance with Section 11
"Notices". Within 30 days after delivery of said notice, Weld County shall retake
physical custody of offenders in Washington County's custody pursuant to this-
Agreement.
6. AGREEMENT MONITOR
In order to administer this contract effectively, Weld County shall designate an
Agreement Monitor. Until further notice is received, the Weld County 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
days advance written notice to the Washington County Contact-Person.
7. WASHINGTON COUNTY'S CONTACT PERSON
The Sheriff or his designee shall act as Washington County's Contact Person for purposes
of the administration of this Agreement. Until further notice is received, the Washington
County Contact Person shall be the individual named in Schedule A attached hereto and
incorporated herein by reference. Any change in the Washington County Contact Person
shall be effective upon ten days advance written notice to the Weld County Agreement
Monitor.
8. COST AND REIMBURSEMENT
a. Except as otherwise provided in this Agreement, all costs of housing offenders,
pursuant to the terms of this Agreement shall be fixed and reimbursed at the rate
of FIFTY-ONE DOLLARS AND SIXTY-FIVE CENTS ($51.65) per offender per
day. Weld County shall reimburse Washington County for the day an offender is
delivered and for every subsequent day that the offender is assigned to the
Washington County Jail, but not including the day that offender is released from
the Washington County Jail to the Weld County Jail.
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b. The costs of providing routine, on-site or contract medical, psychiatric or dental
services shall be considered normal costs incidental to the operation of the
Washington 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 fixed rate per offender per day as provided in subparagraph A., above.
Costs of extraordinary health care services, as further defined in Schedule B, will
become the responsibility of the Colorado Department of Corrections with timely
notification by Weld County in accordance to Colorado Department of
Corrections notification protocols.
c. Physical damage to the Washington County Jail as a direct result of the placement
of offenders housed therein shall be considered"usual costs" incidental to the
operation of the Washington County Jail.
d. Weld County shall be billed monthly by Washington County for the rate set forth
in paragraph A., above. Payment shall be made within 30 days of the receipt of
the Washington County invoice.
e. Any employee of Washington County performing the services or tasks
contemplated by and through this Agreement shall be considered to be an
employee of Washington County only, subject only to its employment rules,
regulations, salary and benefits. Conversely, any employee of Weld County
performing the services or tasks contemplated by and through this Agreement
shall be considered to be an employee of Weld County only, subject only to its
employment rules, regulations, salary and benefits.
9. TRANSPORTATION
The transportation of offenders to be housed at the Washington County Jail is the sole
responsibility of Weld County. The transportation of offenders from the Washington
County Jail to the Weld County Jail or to the Colorado Department of Corrections is the
sole responsibility of Weld County.
10. RESPONSIBILITY FOR LEGAL PROCEEDINGS
Weld County shall be responsible for defending itself and its officers and employees in
any civil action brought against Weld County and its officers and employees by any
offender in the physical custody of Weld County. Likewise, Washington County shall be
responsible for defending itself and its officers and employees in any civil action brought
against Washington County and its officers and employees by any offender in the physical
custody of Washington County. Weld County and its officers and employees, shall not be
deemed to assume any liability for intentional or negligent acts, errors or omissions of
Washington County, or any officer or employee thereof, arising out of the housing of any
offender pursuant to this Agreement. Likewise, Washington County and its officers and
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employees, shall not be deemed to assume any liability for intentional or negligent acts,
errors or omissions of Weld County, or any officer or employee thereof, arising out of the
housing of any offender pursuant to this Agreement.
11. NOTICES
Any notice 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
addresses listed in Schedule C, attached hereto and incorporated herein by reference, until
such time as written notice of a change is received from the other party. Any notice so
mailed and any notice sewed 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 Washington County Contact Person is required.
12. 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 Weld County and Washington County, and nothing contained in this Agreement shall
give or allow any claim or right of action whatsoever by any other person on this
agreement. It is the express intention of Weld County and Washington County that any
entity, other than Weld County or Washington County receiving services or benefits
under this Agreement, shall be deemed an incidental beneficiary only.
13. MODIFICATION AND BREACH
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,novation,renewal or
other alteration of or to this Agreement and the attached schedules shall be deemed valid or
of any force or affect whatsoever,unless mutually agreed upon in writing by the parties. No
breach of any term,provision or clause of this agreement and the 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 a consent to , waiver
of, or excuse for any other different or subsequent breach.
14. 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.
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07/15/2002 15:46 FAX WELD CTY SHERIFF j007/010
Signed and executed the 24th day of July , 2002 .
BOARD OF COUNTY COMMISSIONERS
OF WE D COUNT , COLORADO
BY
Glenn V d
ATTEST:
By:
Deputy County Clerk Gi he
��. Z
♦ ire
APPROV AS TO FO' v. �!`��(�
County Atto ey
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON C LINTY, COLORADO j By:.� 1' _._
, Chairman
ATTEST: �\\
BY: Act ax�ck m. ffW cat
-Dept County Clerk to the Board
APPROVED AS TO FORM:
County Attorney
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SCHEDULE A
1. Until further notice is received, the primary Weld County Agreement Monitor shall be:
Dave Malcom
Manager, Jail Department
Weld County Sheriff's Office
910 10th Avenue
Greeley, CO 80631
Telephone: (970) 356-4015, Ext 3939
FAX: (970) 304-6460
The secondary Weld County Agreement Monitor for emergencies, shall be:
On-Duty Jail Supervisor
North Jail Complex
Weld County Sheriffs Office
910 10th Avenue
Greeley, CO 80631
Telephone: (970) 356-4015, Ext 3961 (Master Control Center)
2. Until further notice is received, the Washington County Contact Person shall be:
Albert English
Sheriff
Washington County
150 Ash
Akron, CO 80720
Telephone: (970) 345-2244
FAX: (970) 345-2419
Marcia Traxler
Jail Administrator
Washington County Sheriffs Office
150 Ash
Akron, CO 80720
Telephone: (970) 345-2244
FAX: (970) 345-2419
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SCHEDULE B
The costs of providing routine, on-site medical psychological/psychiatric, dental and medication
services, customarily provided to persons sentenced to confinement in the Washington County Jail,
shall be considered usual costs incident to the operation of the Washington 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 require immediate notification to Weld
County. Weld County shall notify the Colorado Department of Corrections who accepts
responsibility of the offender, subject to the authorization provisions of Colorado Department of
Corrections notification protocols. For purposes of this Agreement,extraordinary medical expenses
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; X-rays incident to continuing off-site care; dental surgery
excluding the repair of cavities,on-site tooth extraction or routine dental procedures; ambulance or
helicopter transportation. The Washington County Jail health care provider shall determine when
off-site care is required for offenders housed at the Washington County Jail.
Extraordinary medical expenses shall be reimbursed by Weld County provided:
1) Such service is emergency medical treatment as determined by the Washington
County Jail health care provider, or
2) Such service was approved in advance by the Agreement Monitor.
In cases where the Washington County Jail health care provider has determined that extraordinary
care must he provided prior to obtaining the Agreement Monitor's consent,the Washington County
Jail health care provider shall notify the Agreement Monitor as soon as practicable,but no later than
2 hours after the rendering of care.
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SCHEDULE C
1. Any notice to Weld County provided for in the Agreement shall be sent to:
Board of Weld County Commissioners
P. 0. Box 758
Greeley, Colorado 80632-D758
Telephone: (970)356-4015, Ext. 4225
with a copy to:
Dave Malcom
Manager, Jail Department
Weld County Sheriffs Office
910 10th Avenue
Greeley, CO 80631
Telephone: (970) 356-4015, Ext 3939
FAX: (970) 304-6460
2. Any notice to the County provided for in this Agreement shall be sent to:
Board of Washington County Commissioners
150 Ash Avenue
Akron, CO 80720
with a copy to:
Albert English
Sheriff
Washington County
150 Ash Avenue
Akron, CO 80720
Telephone: (970) 345-2244
FAX: (970) 345-2419
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