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Home My WebLink About20050437.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR REIMBURSEMENT FOR JUDICIAL SERVICES 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, the Board has been presented with an Intergovernmental Agreement for Reimbursement for Judicial Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the State of Colorado Judicial Department for the use and benefit of the Nineteenth Judicial District, 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 Intergovernmental Agreement for Reimbursement for Judicial Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the State of Colorado Judicial Department for the use and benefit of the Nineteenth Judicial District 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 7th day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS ,� I . � WELD COUNTY, COLORADO / /16714 �0;) William H. ke, Chair tun.. gat 1861 S� 1 -� a C ,"i Clerk to the Board r. rr- ,� ( I � i>� C/ M. J. eile, ProTe Deputy Clerk to the Board D . Long APPD A F • rRobert D. Masd n l ounty Attorney A.41 Glenn Vaad Date of signature: /O/95 2005-0437 CT0012 (.: Cv 0.3l/-L5— Office of the State Court Administrator .OF.COLO Is 1876 41 January 115 Gerald A.Marroney ' (� State Court Administrator Bruce Barker Weld County Attorney Carol M.Haller P.O. am Box 758 FEB ,FEB Legal Counsel 915 10th Street Troy C.Singleton Greeley, CO 80632 Witt Administrative Assistant Alto orgitXliWpe Ys"OFFICE RE: Intergovernmental Agreement DIRECTORS For Reimbursement for Judicial Services Mindy Masias Human Services Dear Bruce: Mary Flanigan,CFO Financial Services Enclosed are two originals of the Agreement referenced above. Both are signed Robert T.Roper,CIO by Gerald Marroney, the Colorado State Court Administrator. It is my Integrated Information Services understanding that you will obtain the necessary Weld County signatures, then Sherry Kester deliver one original to Mary Bohlender. I will obtain a photocopy from Mary Planning&Analysis for my files. Legislative Liaison Thomas Quinn Thank you for your assistance in preparing this contract. It has been a pleasure Probation Services working with you. ADMINISTRATOR Elizabeth B.Strong Sincerely, Judicial/StafDevelopment n i^ /412i / 12 t i Marilyn G. Schalge Associate Legal Counsel enclosure 1301 Pennsylvania Street, Suite 300,Denver,Colorado 80203 Phone:(303)861-1111 •(800)888-0001 •Fax:(303)837-2340 Web site: http://www.courts.state.co.us 2005-0437 No 1 of 2 originals INTERGOVERNMENTAL AGREEMENT FOR REIMBURSEMENT FOR JUDICIAL SERVICES THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of , 2005, by and between the COUNTY OF WELD, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80632, hereinafter referred to as "County," and the STATE OF COLORADO JUDICIAL DEPARTMENT for the use and benefit of the NINETEENTH JUDICIAL DISTRICT, hereinafter referred to as "Judicial." Judicial's administrative office is the Office of the State Court Administrator, 1301 Pennsylvania, Suite 300, Denver, CO 80203. The County and Judicial may each be referred to herein as the "Party," or collectively as the "Parties." WITNESSETH: WHEREAS, pursuant to Part 4 of Article 15 of Title 30, and Part 1 of Article 4 of Title 42, C.R.S., as amended, County intends to adopt by reference Articles I and II, inclusive, of the 2003 Revised Edition of the "Model Traffic Code for Colorado Municipalities" (hereinafter referred to as the "Model Traffic Code"), promulgated and published as such by the Colorado Department of Transportation, Staff Traffic and Safety Projects Branch, 4201 East Arkansas Ave., Denver, Colorado 80222, with an effective date of March 1, 2005, and WHEREAS, every hearing in Weld County Court for the adjudication of a Weld County Traffic Infraction written pursuant to the adopted Model Traffic Code is to be held before a Weld County Court Magistrate appointed pursuant to Part 5 of Article 6 of Title 13, C.R.S., or before a Weld County Court Judge acting as a Magistrate (referred to hereinafter collectively as "Magistrate"), and WHEREAS, it is estimated by both parties that such hearings shall take a certain amount of the Magistrate's weekly court time, but at present the exact amount of such time is unknown, and WHEREAS, understanding that Judicial is without funds to pay for such time without reimbursement from County, County desires to enter into this Intergovernmental Agreement for the purpose of defining the amounts of reimbursement it shall provide and protocol for billing and payment for the judicial services provided by Judicial resulting from the adoption of the Model Traffic Code by County, and WHEREAS, pursuant to Title 29, Article 1, Part 2, C.R.S., the Parties are authorized to contract with one another to provide any function, service or facility lawfully authorized to each. Page 1 of 6 Pages NOW, THEREFORE, it is agreed that: 1. Statement of Work and Responsibilities. Judicial shall: a. Provide the services of a Magistrate in the 19`h Judicial District to hear Weld County Traffic Infractions written pursuant to the Model Traffic Code. The selection, assignment and conduct of the Magistrate shall be governed by the Colorado Code of Judicial Conduct and the Colorado Rules for Magistrates. Accordingly, the Magistrate at all times shall be subject to the direction and supervision of the Chief Judge of the 19`h Judicial District. It is the intention of Judicial and County that judicial integrity, independence and impartiality shall be preserved in accordance with the Colorado Code of Judicial Conduct and the laws of the state of Colorado. The Magistrate shall: i. Docket and hear all Weld County Traffic Infractions written by Weld County Sheriff's Deputies pursuant to the Model Traffic Code for which the penalty assessments were not paid. ii. Report to the District Court Administrator the portion of his or her time each day dedicated to hearing Weld County Traffic Infractions, which shall be reported using a daily log form to be provided by Judicial. b. Assign and direct an employee to serve as support staff for the Magistrate. The support position shall be selected by and shall be solely accountable to Judicial. The support staff shall: i. Pull case files, prepare daily dockets, set cases for hearing, coordinate involvement of parties, process minute orders, enter any necessary case management information into the computer, issue needed warrants, and process related case mail and other relevant paperwork. ii. Deliver to County all fines received from defendants in the Weld County Traffic Infraction cases. Judicial's collections staff is authorized by statute to collect, in addition to the County fines, required surcharges and docket fees, a $25.00 Time Payment Fee, $10.00 Late Payment Fee, and $30.00 Outstanding Judgment-Warrant Fee. Collections staff shall process uncollectible fines in the same manner and process used for other traffic infraction and/or County Court cases. iii. Report to the District Court Administrator the portion of his or her time each day dedicated to administering Weld County Traffic Infractions, which shall be reported using a daily log form to be provided by Judicial. Page 2 of 6 Pages c. The District Court Administrator, or his or her designee, shall review the Magistrate and support staff daily log forms by comparing them to the Magistrate's court docket, and shall verify that the log forms are accurate to the best of his or her knowledge and belief d. The District Court Administrator shall provide to County, with a copy to Judicial's Controller at the Office of the State Court Administrator, a monthly invoice by the 15t11 day of each month, detailing the hours spent by the Magistrate and support staff regarding Weld County Traffic Infraction cases. Such invoices shall bill at the rate of$60.00 per hour for the Magistrate services and $34.94 per hour for the support staff services. The Parties estimate that no more than $55,000 will be required to pay for Magistrate and support staff services to be provided under this Agreement; however, if at any time prior to expiration of this Agreement it appears that such costs will exceed the said estimate, or that an increase in volume of work for the collections staff has become burdensome beyond the District's ability to provide, the Parties agree to enter into discussions as to the possibility of amending the Agreement to increase the funding so that the program can continue for the full term of this Agreement. County shall: a. Instruct Weld County Sheriff's Deputies to write Weld County Traffic Infraction cases into Weld County Court with arraignment dates set as directed by the Magistrate and his or her support staff. Deputies shall also be instructed to identify on the Infraction tickets the amount of the penalty assessment and that payments thereof must be made payable to the "Weld County Treasurer" and sent to the Weld County Sheriffs Office. The Sheriffs Office will track the timing of the penalty assessment process for each case and file with the Weld County Court those Traffic Infraction cases for which the penalty assessment has not been paid within the requisite 20 day time period. b. Identify and keep monthly logs by case name and number of Weld County Traffic Infraction cases written into the Weld County Court. c. Instruct the Weld County Sheriffs Deputies who write the Weld County Traffic Infractions that they are required to appear at the appropriate times and dates for hearings before the Magistrate regarding the Infractions. d. Pay the monthly invoices submitted to County by Judicial promptly upon receipt, addressing such payments to Colorado Judicial Department, Financial Services Division, Office of the State Court Administrator, 1301 Pennsylvania, Suite 300, Denver, CO 80203, with a copy to the Judicial representative at Judicial's 19th District Office. Page 3 of 6 Pages 2. Term. The term of this Agreement shall be from March 1, 2005, through December 31, 2005. 3. Miscellaneous. a. Except as otherwise provided, the duties and obligations of Judicial shall not be assigned, delegated, or subcontracted, except with the express prior written consent of County. b. This writing constitutes the entire Intergovernmental Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. c. No portion of this Intergovernmental 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 Intergovernmental 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 Intergovernmental Agreement. d. It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. e. For the purposes of this Intergovernmental Agreement, the persons named below are designated representatives of the parties. All notices or reports required to be given by the parties shall be given to the representatives named below. The parties may designate in writing a new or substitute representative: County: Judicial, Central Office: Don Warden Gerald A. Mahoney Director of Finance and Admin. Office of the State Court Administrator County of Weld Colorado Judicial Department P.O. Box 758 1301 Pennsylvania Street, Suite 300 915 10th Street Denver, CO 80203-2416 Greeley, CO 80632 Page 4 of 6 Pages Judicial, 19th District Office: Mary Bohlender 19th Judicial District Administrator Weld County Courthouse P.O. Box 2038 Greeley, CO 80632 f. Any failure of either party to perform in accordance with the terms of this Intergovernmental Agreement shall constitute a breach thereof. g. Either of the parties shall have the right to terminate this Intergovernmental Agreement by giving the other party 30 days written notice. If notice is given, the Agreement shall terminate at the end of the 30 day notice and the liabilities of the parties for further performance of the terms of the Intergovernmental Agreement shall cease, but the parties shall not be released from the duty to perform up to the date of termination. h. In the event that funding for any activity established by this Agreement is discontinued or decreased by the State of Colorado or by any other funding source, either party may terminate this Agreement or reduce its scope without penalty effective immediately upon receipt of notice of such termination or reduction. In the event of such termination or reduction, Judicial shall be compensated for the value of services actually performed prior to the effective date of the termination or reduction. The Parties declare that each of them is a"public entity" within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et. Seq., as amended ("Act"), and that each shall at all times during the term of this Agreement maintain such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the Act. Each Party shall show proof of such insurance upon the request of the other Party. This space intentionally left blank Page 5 of 6 Pages • C Signed this1day of , 2005. • COUNTY OF WELD, a political subdiv. Clerk to the Board of the STATE OF COLORADO: maw, , -1 Iasi a - � y = 0,, ' A:#9! leXto t i oard: William H. Jerke, Chairman FEB 0 7 2005 11/ , 1 Board of County Commissioners of the County of Weld COLORADO JUDICIAL DEPARTMENT for the use and benefit of the NINET NTH UDI IAL DISTRICT F I ' B : raid A. arro ey State Court Admi istrator Page 6 of 6 Pages : ccs-° '37 Hello