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Home My WebLink About930057.tiff RESOLUTION RE: APPROVE AGREEMENT WITH TOWN OF GILCREST 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 for jail services between Town of Gilcrest and County of Weld, State of Colorado, commencing January 11, 1993, and ending December 31, 1993, 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 for jail services between Town of Gilcrest and 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 11th day of January, A.D. , 1993. /� � BOARD OF COUNTY COMMISSIONERS ATTEST: !' �; (Kit. WELD, COUNTY, COLORADO ' Weld County Clerk to he Board (244 lire /11 Constance L. Harb r , Chairman BY: 71,(2--44-41-4/e_4( jy /r Deputy Clerk to the Baarcl W. H. ster, Pro? em 44 K APPROVED A TO FORM: ( , rge . Baxter ounty Attorney Dale K. Hall Barbara J. Kirkmeyer 930057 so 001/ co SZ� , C t�c�:� AGREEMENT THIS AGREEMENT, made this 28TH day of DECEMBER 19 92 , by and between TOWN OF GILCREST 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 930057 Page 1 of 7 Pages 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 93 , unless sooner terminated by notice from either party iin accordance with Section 4 of this Agreement. The Municipality shall retake all Municipal Offenders on or before DECEMBER 31 19 93 , 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 `' 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 . Page 3 of 7 Pages The balance of the costs shall be reimbursed to the 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 B .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 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 Page 5 of 7 Pages reserved to the Municipality and the 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 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 ATTES7>2 )49 WELD COUNTY, COLORADO I/ # Weld County 4 Clerk to the Board BY:L---451.--/r„-e-e— ,i`" /� Chairman 01/13/93 By: ,/-r_ < /S �i /� . �� -- Deputy Cle, _ AAPPPRROVVE'EDDASASS TO RM .C::--- 14 County Attorney n‘T "` .. �' Page 6 of 7 Pages ATTEST: CITY OF G CREST By: (-1-Vide" By By: 1.t t -k_ City Clerk Mayor APPROVED: APPROVED AS TO FORM: By: By: City Manager City. Attorney Page 7 of 7 Pages 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 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 , 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. 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. Y.r V u 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 Hello