HomeMy WebLinkAbout891351.tiff RESOLUTION
RE: APPROVE AGREEMENT WITH TOWN OF JOHNSTOWN FOR HOUSING OF
MUNICIPAL OFFENDERS AND AUTHORIZE CHAIRMAN 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 Agreement with
the Town of Johnstown for the housing of municipal offenders, and
WHEREAS, the term of said Agreement is from January 1 , 1990 ,
through December 31 , 1990 , with the further terms and conditions
of said Agreement being as stated in the copy being attached
hereto and incorporated herein by reference, and
WHEREAS , after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement with
the Town of Johnstown for the housing of municipal offenders be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 27th day of
December, A.D. , 1989 .
( kOt) BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board C.W. Kirby, hairman
EXCUSED
:�� . a Gene R. Brantner,�H e✓ Pro-Tem
Deputy Count erk L.
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APPROVED AS TO FORM: Co i s ante arbert
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891351
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DEC 12 1089 ' �'
AGREEMENT L'
THIS AGREEMENT, made this 4th day of Decemher
19 89 , by and between the Town of Johnstown
hereinafter referred to as the "Municipality" ; and the County of
Weld, a political subdivision of the State of Colorado,
hereinafter referred to as "County. "
Recitals:
WHEREAS, the 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 31-15-401 (1) (k) , C.R.S. ,
the Municipality may, with the agreement of the Weld County
Commissioners, use the County Jail for the incarceration of its
prisoners; 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 , the
Municipality and the 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:
1 . DEFINITIONS
A. Municipal Offender (s) - As used in this Agreement, the
term Municipal Offender (s) shall mean offender (s) placed
with the County pursuant to this contract.
B. Municipal Court - the duly designated judicial entity of
the Municipality.
2. DESCRIPTION OF OFFENDERS
The Municipal Offenders, if any, to be housed in the Weld
County Jail pursuant to this Agreement shall include only the
following: Offenders sentenced by the municipal court to
serve an entire sentence on consecutive days and not on
weekends only or with days of liberty interspersed with days
of detention, or; offenders who financially qualify for and
are sentenced by the municipal court to work release or home
Page 1 of 7 Pages 891351
detention sentence alternatives, or; pre-trial detainees or others
held on the warrant of the municipal court or held in lieu of
bond.
No offenders with infectious diseases , including AIDS, or
with severe medical or mental conditions will be accepted to
or maintained in the Weld County Jail. The County Jail' s
health care provider shall determine whether or not an
offender has any such disease or condition.
3. DESCRIPTION OF SERVICES
A. It shall be the responsibility of the County to accept,
confine and supervise the Municipal Offenders that may
be presented at the County Jail by the appropriate peace
officers of the Municipality pursuant to this Agreement.
Subject to the provisions of this Agreement, the County
shall provide Municipal Offenders with care and
treatment, including the furnishing of subsistence and
ordinary and emergency care, provide for their physical
needs, make available programs of training and treatment
which are consistent with the County' s programs
presently offered to County offenders, retain them in
safe, supervised custody, maintain proper discipline and
control, make certain that sentences and orders of the
committing Court are faithfully executed, provide the
same access to the law library of the County Jail as
County offenders , and otherwise comply with applicable
law.
B. Detention alternatives of work-release and electronic
home detention may be utilized by the Municipality on a
first-come , first-served, space-available basis.
Offenders participating in these detention alternative
programs shall be subject to the rules and regulations
developed by the Weld County Sheriff for the
administration of these programs.
4 . DURATION
This Agreement shall be effective upon final execution by the
appropriate officers of both parties. This Agreement shall
continue through December 31 , 19 90 , and shall be
automatically renewable year to year unless sooner terminated
by notice from either party in accordance with Section 5 of
this Agreement. The Municipality shall retake all Municipal
Offenders on or before December 31, , 19 90 , unless
this Agreement is renewed or a new Agreement is executed
prior to that date.
5 . TERMINATION
This Agreement may be unilaterally terminated, with or
without cause, by 30 days written notice, by either party
Page 2 of 7 Pages 891351
delivered to the other party in accordance with Section 11
"Notices" . Within 30 days after delivery of said notice, the
Municipality shall retake physical custody of Municipal
Offenders in the County' s custody pursuant to this Agreement.
6 . AGREEMENT MONITOR
In order to administer this contract effectively, the
Municipality shall designate an Agreement Monitor. Until
further notice is received, the 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 days '
advance written notice to the County' s Contact Person.
7 . COUNTY' S CONTACT PERSON
The Sheriff or his designee shall act as the County' s Contact
Person for purposes of the administration of this Agreement.
Until further notice is received, the County' s Contact Person
shall be the individual named in Schedule A attached hereto
and incorporated herein by reference. Any change in the
County' s Contact Person shall be effective upon ten days '
advance written notice to the Municipality' s Agreement
Monitor.
8 . COST AND REIMBURSEMENT
A. Except as otherwise provided in this Agreement, all
costs of housing Municipal Offenders , pursuant to the
terms of this Agreement shall be fixed and reimbursed at
the rate of FORTY-FIVE DOLLARS ($45 .00) per offender per
day. The Municipality shall reimburse the County for
the day a Municipal Offender is delivered and for every
subsequent day that the Municipal Offender is assigned
to the County Jail, but not including the day that the
Municipal Offender is released from the County Jail due
to completion of the 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 hours , the Municipality
shall pay the County a processing fee of five dollars
and fifty cents ($5. 50) . Under these circumstances, the
fixed offender per diem rate set forth in sub-paragraph
A, above, shall not apply.
C. The Municipality shall reimburse the County at the rate
of nine dollars ($9 . 00) per offender per day for each
offender participating in the detention alternative
programs described in Section 3 .B. , above. This reduced
per diem rate represents a partial cost for the
administration of the detention alternative programs .
The balance of the costs shall be reimbursed to the
Page 3 of 7 Pages 891351
County by each offender participating in the program.
This reduced per diem rate shall commence on the first
day of an offender' s participation in the program and
shall continue through and including the last day of
participation in the program.
D. If a Municipal Offender is detained in the Weld County
Jail under the concurrent authority of the Municipality
and of other municipal jurisdictions , the Municipality
shall be responsible for no more than its equally
proportional share of the cost of housing and
maintaining the offender in the 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 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
fixed rate per offender per day as provided in
subparagraph A. , above. The County shall be reimbursed
by the Municipality for the costs of extraordinary
health care services, as further defined in Schedule B.
Those offenders participating in the detention
alternatives of work-release and electronic home
detention shall be responsible for their own medical,
psychiatric and dental care.
F. The County' s costs of legal services, subject to the
provisions of Section 10 , and the risks of physical
damage to the County Jail incurred as a direct result of
the placement of a Municipal Offender in the County Jail
shall not be considered usual costs incidental to the
operation of the County' s facility. These costs shall
not be part of the costs reimbursed by the fixed rate
per offender per day as provided by subparagraphs A. ,
B. , and C. , of this Section 8 of this Agreement. The
County shall be reimbursed separately by the
Municipality for these costs set forth in this Section
8 .C. , as these costs are incurred.
G. The Municipality shall be billed monthly by the County
for the rates set forth in sub-paragraphs A. , B. , and C,
above. Payment shall be made within 30 days of the
receipt of the County ' s invoice. The Municipality shall
reimburse the County for extraordinary medical expenses
as set forth in Schedule B. The Municipality shall
reimburse the County for non-medical extraordinary
expenses incurred under the terms of this contract
within 30 days of the receipt of the County' s invoice.
Page 4 of 7 Pages 891351
9 . TRANSPORTATION
Transportation of persons in custody for violation of a
Municipal Ordinance is the sole responsibility of the
Municipality. At such time as Municipal Offenders are
released to Municipality personnel for transportation to
Court, processing or otherwise, the maintenance and custody
of those offenders shall be the responsibility of the said
Municipality personnel and the Sheriff and the County shall
be relieved therefrom while said person is in the custody of
Municipality personnel.
10 . RESPONSIBILITY FOR LEGAL PROCEEDINGS
The Municipality shall be responsible for defending itself
and its officers and employees in any civil action brought
against the Municipality and its officers and employees by
any Municipal Offender in the physical custody of the County.
Likewise, the County shall be responsible for defending
itself and its officers and employees in any civil action
brought against the County and its officers and employees by
any Municipal Offender in the physical custody of the County.
The Municipality and its officers and employees, shall not be
deemed to assume any liability for intentional or negligent
acts, errors or omissions of the County, or any officer or
employee thereof, arising out of the housing of any Municipal
Offender pursuant to this Agreement. Likewise, the County
and its officers and employees, shall not be deemed to assume
any liability for intentional or negligent acts, errors or
omissions of the Municipality, or any officer or employee
thereof, arising out of the housing of any Municipal 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 served by personal delivery
shall be deem 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.
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 the Municipality and the County, and nothing
Page 5 of 7 Pages 891351
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 the Municipality
and the County that any entity, other than the Municipality
or the 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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ;mn_,Y WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board By:
/�� Chairman
By: ///E'z
Deput,(Count Jerk
APPROVED AS TO FORM:
Cou ty Attorney
Page 6 of 7 Pages 891351
ATTEST:: c / Town OF Johnstown
‘)
BY 99.,00;1 (�311.U..+ J By:
City Clerk o ayor Jim Noah
Phyllis J. Switzer
APPROVED: AP OVED AS TO FORM:
By: N/A By: i142/CARI
City Manager City Attorney
John Perrott
Page 7 of 7 Pages 891351
SCHEDULE A
1 . Until further notice is received, the Municipality' s
Agreement Monitor shall be:
2 . Until further notice is received, the County' s Contact
Person shall be:
Sheriff Ed Jordan
Weld County Sheriff' s Office
910 10th Avenue
P. O. Box 759
Greeley, Colorado 80632-0759
Telephone: (303) 356-4000 , Ext. 4634
891351
SCHEDULE B
The costs of providing to Municipal Offenders routine, on-site
medical psychological/psychiatric, dental and medication services,
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. In addition, all Municipal Offenders
transferred to the County pursuant to this Agreement with a
condition of drug aftercare, a known history of drug abuse while
incarcerated, or who are suspected of illegal use of drugs , shall
be required to participate in routine urinalysis testing conducted
by the Weld County Jail health care provider. All positive test
results for unauthorized drugs shall be reported by the County
Contact Person to the Agreement Monitor. The cost of this routine
urinalysis testing, together with the usual costs of care
referenced above, shall be part of the fixed rate per offender per
day as set forth in Section 7 .A. , of this Agreement.
Extraordinary medical expenses for extraordinary health care shall
be the responsibility of the Municipality, subject to the
authorization provision below. For purposes of this Agreement,
extraordinary medical expenses are those expenses for
extraordinary health care not commonly provided to inmates on-site
at the Weld County Jail by the Weld County Jail health care
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; 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
Airlife 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.
891351
Extraordinary medical expenses shall be reimbursed by the
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 Jail
health care provider shall notify the Agreement Monitor as soon as
practicable, but no later than 8 hours after the rendering of
care.
891,351
SCHEDULE C
1 . Any notice to the Municipality provided for in the
Agreement shall be sent to: Phone - 597-4664
Chief Kenneth E. Kroh
P.O. Box 306
Johnstown, CO 80534
2 . Any notice to the County provided for in this Agreement
shall be sent to:
Board of Weld County Commissioners
P. O. Box 758
Greeley, Colorado 80632-0758
Telephone: (303) 356-4000, Ext. 4225
with a copy to:
Sheriff Ed Jordan
Weld County Sheriff ' s Office
910 10th Avenue
P. O. Box 759
Greeley, Colorado 80632-0759
Telephone: (303) 356-4000, Ext. 4634
J31351
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