HomeMy WebLinkAbout921091.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR JAIL SERVICES 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 regarding the use
of Weld County jail facilities, between the Town of Lochbuie and the County of
Weld, State of Colorado, with the 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 regarding the use of Weld County jail
facilities, between the Town of Lochbuie and the County of Weld, State of
Colorado, 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 16th day of November, A.D. , 1992.
ift tci BOARD OF COUNTY COMMISSIONERS
ATTEST: l/.l rf;"Z� WELD C NTY, COLORADO
Weld County Clerk to the Board
eorge K ne y, Chairman
BY: ` �c1.�. , erYw- ,-�.. I754w1�.J�i�//�i6�,.L.cf'i
Deputy GIB to the Board Constance L. Harbert, ro-Tem
APPROVED AS T FORM: p
C. W. Kiri
County Attorney Gord c
W. H. Webs e
921091
Ski-OVA /0i c ' SO / o f tv 1 AritiR, U.=v
AGREEMENT
THIS AGREEMENT, made this 5th day of November
19 92 , by and between Tn-nm of Tnr,hr»,i
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.
2 . DESCRIPTION OF SERVICES
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
Pace 1 of 5 PaCCE 921091
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 tc the law library of the
County Jail as County offenders , and otherwise comply with
'pplicable law.
3 . DUK'"TION
appr ,priate officers of both parties. This A shall
ront. .nue through , 9 , unless
sooner terminated by notice her party in accordance
with t,ection 4 of reement . The Municipality shall
retake all M • a Offenders on or before
19 , unless this Agreement is renewed or a new
4 . 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 13
"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.
5. 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.
6 . 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.
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
P ee 2 of 5 Pacer 9% 031
•
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. 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 he reimbursed
by the Municipality for the ccsts of extraordinary
health care services, as further defined in Schedule B.
C. The County ' s costs of legal services 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
subparagraph A. , of this Section 7 of this Agreement.
The County shall be reimbursed separately by the
Municipality for these costs set forth in this Section
7 .C. , as these costs are incurred.
D. The Municipality shall be billed monthly by the County
for the fixed offender per diem rate. 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.
S . 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.
P<c*a_ of 5 Panes
9 . 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.
10 . 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.
11 . 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
contained in this Agreement shall give or allow any claim of
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.
12 . MODIFICATION AND BREACH
This Agreement and the attached schedules contain the entire
Agreement and understanding between the parties and
Page 4 of : Paces 921091
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 he 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.
13 . 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: ���' WELD COUNTY, COLORADO
WtA.k (0.,.,..1, St+._'k—c.e - tag«=
Clerk to the Board By:
hai r
By: /iCs� y <1-f t
Deputy Clerk _ I
APPROVED AS FORM:
County Attorney
TOWN
ATTEST: A0�P+i OF L0Cf3LLtE
_ '/ /
By f .,. By: rail 1T�' ¢sue �t
C Clerk ayor
1Dwt1
APPROVED: APPROVED AS TO (�F�SSOR��M:
By: Py: `` >� n� C +�
City Manager City Attorney
Pane 5 of 5 Pages 921091
AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF LOCHBUIE
AND WELD COUNTY REGARDING JOINT USE OF COUNTY JAIL FACILITIES
• DATED NOVEMBER 5, 1992
The Agreement is amended by the deletion of paragraph 3, entitled "DURATION" and the
insertion of the following paragraph. All other provisions of the Agreement shall remain
unchanged.
3. DURATION
This Agreement shall be effective upon final execution by the appropriate officers of both parties.
This Agreement shall continue through December 31, 1993, unless sooner terminated by notice
from either party in accordance with Section 4 of this Agreement. This Agreement shall be
automatically renewed for the term of one year beginning January 1, 1994, and every year
thereafter, unless written notice of intent not to renew is personally delivered upon either party not
less than thi days prior the nd of the term of the contract.
Al LEST: ��l.,/%�/111.� GJ� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
awl Clerk to the Board By:
Chairman
By.
Deputy Cry Jerk
APPROVED AS T ORM:
By:
County Attorney
Al 1'LST: TOWN OF LOCHBUIE
/
BY. 416,22 2/-17 �� �' By: ft?-` /
own Clerk Mayor
APPROVED AS TO FORM:
By: —9tA-C- ' uo-ty
Town Attorney
921091
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
921091
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 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 , en-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 .
9 031
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.
921031
SCHEDULE C
1 . Any notice to the Municipality provided for in the
Agreement shall be sent to:
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
921031
Law Office of
RICHARD E. SAMSON, P.C.
1880 Industrial Circle, Suite B-3
P.O. Box 1079
Longmont, Colorado 80502
Richard E. Samson Telephone(303)776-1169
Kristin N.Brown Fax(303)776-5444
Alan D. Carlson
Of Counsel
November 5, 1992
Weld County Sheriff
ATTN: Undersheriff Rick Dill
915 10th Avenue
Greeley, CO 80631
Re: Town of Lochbuie -- Contract with
Weld County to Provide Jail Services
Dear Undersheriff Dill:
Enclosed is the Agreement, signed by the Town of Lochbuie, regarding jail services to be
provided by the County. Please note that paragraph 3 of the Agreement did not contain a provision
allowing for automatic renewal of the Agreement. The Town would prefer that the Agreement
automatically renew. For that reason, I have drafted an addendum to the Agreement in place of
paragraph 3.
Pursuant to our conversation, it is my understanding that since it is the intent of the Town
to enter in the Agreement, the County will accept any prisoners in good faith to cover the interim
period until the Agreement is reviewed, accepted and signed by the County Commissioners at their
next meeting.
Please forward a copy of the completed Agreement to the Town.
Thank you for your assistance with this matter. If you have any questions, please do not
hesitate to call. dVe TrulyYours,
u fr / / P-277{- Z/
stin'N. Brown
knb
Enclosure
cc: Town of Lochbuie
92,oat
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