HomeMy WebLinkAbout961688.tiff RESOLUTION
RE: APPROVE THREE AGREEMENTS BETWEEN SHERIFF AND TOWN OF HUDSON,
TOWN OF KEENESBURG, AND TOWN OF MEAD 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 three Agreements for use of the 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 Sheriff, and the Town of
Hudson, the Town of Keenesburg, and the Town of Mead, commencing May 1, 1996, with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the three Agreements for use of the 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 Sheriff, and Town of Hudson, the Town of
Keenesburg, and the Town of Mead, be, and hereby are, 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 23rd day of September, A.D., 1996, nunc pro tunc May 1, 1996.
BOARD OF COUNTY COMMISSIONERS
WEIrD COUNTY, COLD DO
v7 � We
Barbara J. Kirkmeyer, Chair
y Clerk to the Board
1.861 It O
et-
. Baxter, Pro- em
�® ,.-f ! Ill= `•*puputt' Clerk t the Board Dale K. Hall
APP AS TO FORM: d rawS
Constance L. Harbert
ty Attorney 1/0
W. H. Webster
961688
8.6: se; IYIcad; /?eenzsbiifo; /4iels'n SO0014
AGREEMENT
THIS AGREEMENT,made this 1st day of May,1996,by and between TOWN OF HUDSON 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.
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 fumishing 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 altemative programs shall be
subject to the rules and regulations developed by the Weld County Sheriff for the administration of these
programs.
961688
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 4 of this Agreement. The Municipality shall retake all Municipal
Offenders on or before December 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 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 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 Section 3.B.,above. This reduced per
them 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 offenders participation in the program and shall continue through and
including the last day of participation in the program.
p. 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.
961688
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 S.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 incustody 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 Count,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,renewall 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 patty 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.
961688
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
Melt I
'.1661 O kg r1 'L,04,71 Ll.�/J JA
�'� A►� -. he Board BYE Chairman R 23 6
i ,
On ` t � S.wt., C trk to Board
APP E S TO FO
y:
y for ey
ATTEST: CITY OF
By: By:
Cit Clerk Mayor
APPROVED:
�i� APPROVED AS TO FORM:
By: o�yi�/ `. -w�/" By:
City Manager City.Attorney
961688
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Town of Hudson
Post Office Box 351
Hudson,CO 80642
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
961688
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.
961688
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Town of Hudson
Post Office Box 351
Hudson,CO 80642
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
961688
AGREEMENT
THIS AGREEMENT,made this 1st day of May, 1996,by and between TOWN OF KEENESBURG 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.
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.
961688
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 4 of this Agreement. The Municipality shall retake all Municipal
Offenders on or before December 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". Wthin 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 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 Section 3.B.,above. This reduced per
them 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,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.
961688
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.
9. TRANSPORTATION
Transportation of persons incustody 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 Count,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,renewall 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.
961688
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.
•
111".la BOARD OF COUNTY COMMISSIONERS
Mal WELD COUNTY,COLORADO
ISO 0 1/49 7
eld r /
• - e Board By.
e1/731
Chairman 09/23 6
U uty r to :oar.
APP D S TO FOR
By:
ou Att ney
ATTEST: CITY OF llrE/t)cS B oie4
By("2
By:Gmty Cle c
Mayor
APPROVED. APPROVED AS TO FORM:
By: Z)?-‘e;14.
) 124' By: ,(/
City Manager City tt nee y
961688
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Town of Keenesburg
140 S Main Street/Post Office Box 312
Keenesburg,CO 80642
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
961688
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 Monitors consent,the Weld County Jail health care provider shall notify the Agreement Monitor as soon as practicable,but no
later than B hours after the rendering of care.
961688
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Town of Keenesburg
140 S Main Street/Post Office Box 312
Keenesburg,CO 60642
2. Any notice to the County provided for in this Agreement shall be sent to:
Board of Weld County Commissioners
P.0.Box 756
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
961688
AGREEMENT
THIS AGREEMENT is made this 1st day of May, 1996.by and between TOWN OF MEAD 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 3:-15401 (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,sewn*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:
t. PEFINITIONS
A. Municipal Offenders)As used in this Agreement,the term Municipal Offenders)shall mean offenders placed
with the Coady pursuant to this contract.
g. Municipal Court-the duty designated judicial entity of the Municipality.
2. DESCRIPTION OF OFFENDERS
The Municipal Offenders.if any,to be hound in the Weld County Jail pursuant to this Agreement shall include only the
following:Offenders sentenced by the Municipal Coururttrtoserve days of andetention:entire
e ofsefendee rs on consecutivewh financially dly qudays alify d for not
o and ace
n
weekends only or with days of tarty interspersed
sentenced by the Municipal Court to work release or home detention sentence alternatives,or,pre-Mel detainees of
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 pESCRIPTION OF SERVI E
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
Municipal Offenders with
Agraansnt. Subject to the provisions of this Agreement,the County shall provide for their
Care end treatment,including the furnishing of subsistence end ordinary and emergency care,provide
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*erne access to vie law library of the County Jail as County offenders,and otherwise comply with
applicable law. Upon the arrestor s Municipal Offender where such sliest is pursuant to a Mead Municipal
Courtwarrant the bond shall be designated on the warant however,In the event said Municipal Offender is
unable to post such bond wtthin twenty-four(24)hours of arrest,County Jail staff shall attempt to contact the
Mead Municipal Court for further instruction regarding modification of the bond amount. If the Municipal
Offender does not then post the modified bond.
the.or if execution dead Municipal recognizance
lobetact contacted.
Municipal Offender shall be released upon for
shall be dearly stated upon the face of the warrant. Until later changed,the contact person
Page 1 of 7 Pages
961688
the Mead Municipal Court Clerk shall be:
Linda Glantz
Weld County Dispatch at Badge Number 730
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 31,1996,and shall be automatically renewable year to year unless sooner terminated by
notice from either party in accordance with Section 5 of this Agreement. 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 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 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 Section 3.B.,above. This reduced per
them 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.
Page 2 of 7 Pages
961688
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. 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 8 of this Agreement. The County shall be reimbursed separately by the
Municipality for these costs set forth in this Section B.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.
9. TRANSPORTATION
Transportation of persons in custody for violation of a Municipal Ordinance is the sole responsibility of the Municipality.
Municipality and County have entered into a separate agreement for law enforcement services. 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.
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 Count, 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
Page 3 of 7 Pages
961688
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.
Signed and executed the 1 1 day of Sept 1996,nunc pro tunc,May 1, 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORAD
4E 'ljy��
4._ ycn)
raJ. Kirkmeyer, hair 09/ /96
ISG1 ct ,„-0 4:1?
Wei4447
% eputy I-rk to Board
APP TO FORM:
u . arker,Count t orney
TOWN OF MEAD,COLORADO
Lisa Brown,Mayor
ATTEST:
By Kelly Smd.Qy�Town l
Clerk
APPROVED AS TO FORM:
Richard E. Sampson,Town Attorney
Page 4 of 7 Pages
961688
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Town of Mead
Post Office Box 626
Mead, CO 80542
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
Page 5 of 7 Pages
961688
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 8.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.
Page6 of7 Pages
961688
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Town of Mead
Attn:Mayor
Post Office 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:
Sheriff Ed Jordan
Weld County Sheriffs Office
910 10th Avenue
Greeley,Colorado 80631
Telephone: (970)356-4015, Ext.4634
Page 7 of 7 Pages
961688 '
Hello