HomeMy WebLinkAbout960856 RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF COUNTY JAIL FACILITIES BETWEEN
SHERIFF'S OFFICE AND CITY OF GILCREST 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 Agreement for use of the Weld County
Jail facilities 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 Sheriffs Office, and the City of
Gilcrest, with 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 use of the Weld County Jail facilities 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 Sheriffs Office, and the City of Gilcrest 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 13th day of May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
4 E Pla a,�- WE COUNTY, COLORA O
arbara . Kirkmeyer, hair
ty Clerk to the Board
(Of"R rr i ' ,/ eorgeZBaxter, Pro-Tem
LLB eputy Clerko the Board FXCI iSFf1 f)ATF r)F SIGNINf; (AYF)
Dale K. Hall
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AP V AS TO F
Constance L. Harbert )
ou y Attorne
. . Webster
960856
ed.: So G-i/crest SO0014
AGREEMENT
THIS AGREEMENT, made this 1 day of March,1996, by and between 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 offenders 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 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.
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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 th ' e 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 31,1996, 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 beforeDecember 31,1996, 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 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
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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 fiked 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 per4taerrr-
rate set forth in subparagraph A, above, shall not apply. brr
sel
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 alteinative
programs described in Section 3.B., above. This reduced peratilgrt 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 them 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 theCounty
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
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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.
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 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.
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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 thisagreement 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
WELD COUNTY, COLORADO
,51ST
: /ad/Mae%
unty / //
iff`4116,�j' ' to the Board By/ i r `Ji-t! _ / 1'-1 )
at �j Chair 05//3/9•
<O
Deputy / Clerk
APPR S TO FORM.
By:
ounty Attorney �z
ATTEST: CITY OF 6-/h ec�5'i
By: By: rNrn Lt y -fix`-\
City Clerk Ma9or
APPROVED: AP R ED S TO R .
By: By
City Manager ity.Attorney
960856
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Chief Charles Clinker
304 8th Street
P. O. Box 12.8
Gilcrest, Co 80623
2. Until further notice is received, the County's Contact Person shall be:
Sheriff Ed Jordan
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4634
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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 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.
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SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Chief Charles Clinker
304 8th Street
P. O. Box 128
Gilcrest, Co 80623
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:
Sheriff Ed Jordan
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4634
3(609.55
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