HomeMy WebLinkAbout980450.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR MUNICIPAL JAIL SERVICES AND AUTHORIZE
CHAIR TO SIGN -TOWN OF MEAD
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 Municipal 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 Weld County Sheriff, and the Town of Mead,
commencing March 18, 1998, and ending December 31, 1998, 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 Municipal 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 Weld County Sheriff, and the Town of Mead 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 18th day of March, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORAD
ATTEST:
Constance L. Harbert, Chair
Weld Count :fir
W. H. ebs er, ro-T m
g
BY: Deputy Cle j1��i��: � �
eor E. Baxter
APB AS O FORM:
a K. Hall
oun y orney tiL ti
arbara J. Kirkmeyer
L' owe: 6r TrvF INZud j CA 980450
SO0016
AGREEMENT FOR MUNICIPAL JAIL SERVICES r p: I 0
CLFD1<
THIS AGREEMENT is made this ''day of n pr, , 19 97 by and between the Town of
Mead, Colorado, hereinafter referred to as the "Municipality"; and the County of Weld, a
political subdivision of the State of Colorado, hereinafter referred to as "County."
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.
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. Municipal Offender(s) - As used in this Agreement, the term Municipal
Offender(s) shall mean offenders placed with the County pursuant to this contract.
B. Municipal Court -the duly designated judicial entity of the Municipality.
2. CONDITIONS FOR ACCEPTANCE OF MUNICIPAL PRISONERS
The following conditions must be met before a municipal offender may be accepted for
commitment or placement at the Weld County Jail:
A. The offender must be an adult, 18 years-of-age or older.
B. The offender must be without serious medical and/or mental conditions, as
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determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
C. The offender's identity must be reasonably established.
D. Pre-booking documentation required by the Jail is complete, which shall include,
but is not limited to, the literal description of the municipal ordinance violation;
OR the literal description of the original municipal ordinance description when
the booking results from a municipal arrest warrant for failure to appear, comply,
complete conditions, or pay; OR the municipal mittimus.
E. One of the following forms of documentation for the municipal ordinance
violation must either accompany the offender OR have been provided to the
County prior to the offender being booked into the Jail:
I. Mittimus order
A mittimus order shall be accepted only if the commitment is for
consecutive days, with the consecutive days NOT CONSISTING of
weekend days only or with days of liberty interspersed with days of
detention. The offender may be committed to work release and in-home
electronic home monitoring ONLY IF he or she meets the minimum
acceptance criteria for such jail alternative programs AND space is
available.
II. Arrest warrant
An arrest warrant issued subsequent to the effective date of :is
Agreement shall be accepted only if the arrest warrant: 1) includes the
literal, ORIGINAL municipal ordinance description(e.g. Failure to
Appear/Speeding, Failure to Pay Fines and Costs/Disorderly Conduct,
etc.); AND 2) specifies the amount and type of bond to secure bail, such
as: a) an amount of cash, b) an amount of cash or surety, c) a personal
recognizance after 24 hours, or d) "hold without bond." (These
requirements shall not apply to arrest warrants issued prior to the effective
date of this Agreement.)
Notice of the municipal arrest warrant service shall be made to the
municipal court clerk by fax and first-class mail, or a mutually accepted
alternative, no later than the following working day. The Municipality
shall provide the municipal clerk's fax number to the County at the time of
the execution of this Agreement. The municipal law enforcement agency
listed as the arrest warrant originating agency on the Colorado Bureau of
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Investigation's Colorado Crime Information Center(CCIC) computer
system will be notified that the offender has been located when the arrest
warrant is confirmed . The Weld County Jail is not responsible for notice
to the municipality, municipal court, or municipal court clerk other than by
the means described in this Agreement.
III. Penalty assessment, summons and complaint, or summons
A penalty assessment, cummons and complaint, or summons shall be
accepted, except when the municipal offender is also: 1) Cited for
violations of Colorado Statutes from the same criminal episode giving rise
to the municipal ordinance violation; 2) There is an outstanding county or
district court arrest warrant; or,3) A hold has been placed on the offender
by the Colorado Department of Corrections, Adult Parole Division or the
19th Judicial District Probation Department.
Municipal offenders cannot be released on personal recognizance after
their incarceration based upon the issuance of these documents when any
one of the three listed circumstances are present. A municipal detainer for
the offender may be entered in lieu of issuing a penalty assessment,
summons and complaint, or summons by request of the arresting
municipal officer when any one of the three listed circumstances are
present.
G. An annual court appearance schedule has been provided to the County by the
municipality.
3. DESCRIPTION OF SERVICES
A. In accordance with the terms of this Agreement, it shall be the responsibility of
the County to receive and safely keep every adult offender duly committed or
placed in the Jail for safekeeping, examination, or trial or duly sentenced to
imprisonment in the Jail upon conviction for any contempt, or misconduct, or for
any violation of municipal ordinance. The County shall not release said adult
offender from the Jail, on bail or otherwise, except by lawful authority and/or
pursuant to the provisions of this Agreement.
B. It shall be the responsibility of the County to make a record of every adult
offender duly committed or placed in the Jail in accordance with the terms of this
Agreement. The record shall include a photograph or digital image of the
offender and offender identification information as defined in Colorado Revised
Statutes 24-72-302O) and 24-72-302(2).
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I. Ten-print fingerprint cards will be forwarded to the Colorado Bureau of
Investigation when the literal description of the municipal ordinance is
provided on pre-booking documentation and/or municipal arrest warrants.
A ten-print fingerprint card will be maintained by the County for each
municipal offender in accordance to the Weld County Sheriff's Office
Criminal Justice Records Retention Schedule approved to the Colorado
Archivist.
C. It shall be the responsibility of the County to accept municipal court orders
temporarily detaining offenders held pursuant to county or district court matters.
The County is responsible to provide timely notice to the municipal law
enforcement agency or municipal court detaining the offender when there has
been a disposition of pending county or district court matters. Municipal
offenders shall be held no more than 4 hours pursuant to a municipal detainer.
D. It shall be the responsibility of the County to accurately prepare for and accept
bonds and related cash or surety documents, set court appearances in accordance
to municipal court schedules, complete mittimi, and complete or prepare other
municipal court documents required to accept and release municipal offenders
into and from the Weld County Jail. The County is responsible to make said
documents available for the municipal clerk or mail said documents to the
municipal clerk first class the following working day.
E. It shall be the responsibility of the County to afford municipal offenders access to
inmate programs and activities in a manner consistent with the Jail classification
of like County inmates. The municipal offender's classification will be
determined by Jail Programs Unit Intake/Classification staff.
F. It shall be the responsibility of the County to comply with Colorado Revised
Statutes 17-26-109 and 17-26-115 and afford sentenced municipal offenders
deductions of time from his or her municipal court sentence in a manner
consistent with sentenced County inmates.
G. It shall be the responsibility of the County to determine a sentenced municipal
offender's eligibility and conditions for furlough consistent with sentenced County
inmates. The County shall notify the municipal court of any municipal offender
furlough.
4. DURATION
This Agreement shall be effective upon final execution by the appropriate officers of both
parties. This Agreement shall continue through December 31, 1998, and shall be
automatically renewable year to year unless sooner terminated by notice from either party
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in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal 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 12
"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. EMERGENCY RELEASE
Notwithstanding the provisions of Sections 4 and 5 set forth herein, the County has the
authority to release, on an emergency basis, those municipal offenders when the County
deems such release necessary due to exigent circumstances. The County shall, in its sole
discretion, determine those exigent circumstances which necessitate such emergency
release. Such exigent circumstances may include, but are not limited to, inmate
overcrowding of the County Jail. The County shall notify the municipal court of the
offender's name, date and time released, and the basis for release due to exigent
circumstances.
7. 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.
8. 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.
9. 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
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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 twenty-two
dollars ($22.00). Under these circumstances, the fixed offender Per Diem rate set
forth in subparagraph 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 and permitted pursuant to Section 2. E. I., 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 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,psych iatri r 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. Physical damage to the Weld County Jail as a direct result of the placement of a
Municipal Offender housed therein shall not be considered"usual costs"
incidental to the operation of the Weld County Jail. 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 9 of this Agreement. The County
shall be reimbursed separately by the Municipality for these costs set forth in this
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Section 9. F., 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.
10. TRANSPORTATION
Transportation of persons in custody for violation of a Municipal Ordinance is the sole
responsibility of the Municipality. If Municipality and County have entered into a
separate agreement for law enforcement services, then transportation of persons in
custody for violation of a Municipal Ordinance shall take place in accordance with the
provisions of said agreement and all costs incurred by County in the course of providing
such transportation on behalf of Municipality shall be paid by Municipality as provided
therein.
11. 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.
12. 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
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instances, except for emergency situations when immediate notification to the Agreement
Monitor or the County Contact Person is required.
13. 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 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.
14. 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.
15. 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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Signed and executed the 18th day of March , 1 9 98.
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
By: _��i : . �• _ / ��
Constanc- L' rtiR t airman1 /98)
:Th:1 .
: •
fr�
Deputy C�j4rU�
APPRO D AS • <! ��
County ' ttomey
TOWN OF MEAm, COLORADO
By � d/'�/ ' L
ATTEST: (� / ,
By: 9trofrei-2-rk
�L_Y�-gam �'zY
APPROVED AS TO FORM:
Town Attorney
M:\W PFILES\AGREE\I MUNIMEA.W PD
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SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Town of Mead
Mayor
P.O. Box 626
Mead, CO 80542
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Records Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4634
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9
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 9.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 Air Life 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 he 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.
Page I 1 of 12 Pages
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Town of Mead
Mayor
P.O. Box 626
Mead, CO 80542
2. Any notice to the County provided for in this 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:
Marilyn Bedford
Records Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4634
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