HomeMy WebLinkAbout990962.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR INMATE ELECTRONIC HOME MONITORING
SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION
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 Inmate Electronic
Home Monitoring Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and
Intervention, 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 Inmate Electronic Home Monitoring Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and Intervention 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 3rd day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, L ADO
ATTEST: /L /
�q4 n
ilo4 Dala, K. Hall, Chair c
Weld County Clerk to the .'.ar.' '
m
:arbara J. Kirkmeyer, Pr -Tem
Deputy Clerk to the B �
4,U N 1 ✓ George . axter
A D AS TO FORM:
M. . ,ei e
unty Attorney
Glenn Vaa
990962
CC: So SO0019
AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE
INMATE ELECTRONIC HOME MONITORING SERVICES
THIS AGREEMENT is made and entered into this—day of __, 1999,
by and between the Board of County Commissioners of the County of Weld, on behalf of the
Weld County Sheriff,whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "County,"and Intervention,whose address is 822 Seventh Street#5, Greeley,
Colorado 80631, hereinafter referred to as"Provider."
WIINESSETH:
WHEREAS, County is required to maintain the Weld County County Jail ("Jail") at
County's expense for the detention, safekeeping, and confinement of those persons lay/fully
committed thereto,pursuant to Section 17-26-101, C.R.S., and
WHEREAS, County is seeking cost-effective means by which to ease the Jail
crowding problem and to lower the costs of the inmate incarceration to the County, and
WHEREAS, Provider operates an electronic monitoring program by which selected
sentenced inmates may be monitored at home or at a site off of the premises of the Jail at a cost
less than that of maintaining the inmate in the Jail, and
WHEREAS, County is authorized to provide a Home Detention Program ("the Program")
like that offered by Provider, pursuant to and subject to the conditions of C.R.S. § 17--26-128,
and
WHEREAS, County is authorized to enter into agreements for the benefit of County
pursuant to Article III, Section 3-8 of the Weld County Home Rule Charter, as amended, and
C.R.S. § 30-11-101, as amended, and
WHEREAS, County and Provider desire to enter into this Agreement for the purposes
stated herein.
NOW, THEREFORE, for and in consideration of the promises and mutual agreements
contained herein, County and Provider hereby agree as follows:
I. DEFINITION:
As used in this Agreement, the term"participant" shall mean any person sentenced to or
lawfully confined in the Jail who is determined by a Colorado Court to be eligible for
Home Detention as defined in C.R.S. §§ 17-26-128 (1) and (1.1), and/or pursuant to any
lawful municipal ordinance.
Page 1 of 6 Pages
990962
2. EQUIPMENT ANI) SERVICES PROVIDED BY PROVIDER:
A. Provider shall provide all required field monitoring equipment and all support
equipment required for the monitoring of participants referred the Program.
B. Provider shall provide sufficient staff to maintain the program and monitoring of
participants referred by the County on a 24 hour per day, 7 day per week basis.
C. Provider shall be responsible for the determination and collection of program fees
from participants. Such program fees shall not exceed the cost of services as
stated in section 4: Cost of Services.
D. Provider shall not prohibit participation in the Program by the inability to pay or
the length of sentence.
E. Provider shall perform baseline drug testing at program entry, at the sole expense
of Provider. Random drug testing shall be performed by Provider thereafter
through the duration of participation, at the sole expense of the Provider.
F. Provider shall provide overall program and participant supervision including, but
not limited to, the following:
I. Participant orientation, where participant is provided a Participant
Handbook (provided to Provider by County) with a detailed explanation of
the rules and consequences of the program.
ii. Hook-up and installation of all required monitoring equipment.
iii. Interviewing and determination of appropriate monitoring schedules for
participants, including,but not limited to, adequate and reasonable travel
times to and from work.
iv. Determination of how participants will travel to and from work, if
employed, and if employed and operating a motor vehicle, verification the
that the participant has a valid motor vehicle operators license and current
insurance.
v. 24-hour availability for contact in the event of EHM schedule and/or
program rule violations.
vi. Coordination and collection of drug testing and drug testing specimens.
vii. Employer verification and periodic, unannounced in-home visits.
Page 2 of 6 Pages
viii. Preparation and maintenance of participant file, documenting case
management and activities.
ix. Initiating disciplinary procedures by writing an infraction report and
delive::ng the infraction report to the on-duty Jail Manager within four
hours of confirmation of the violation
G. Provider shall submit accurate program statistics to the Sheriff's Program Director
on a monthly basis,within 14 days of the end of the month. Required statistics
are as follows:
I. Source of sentencing, ie., district or county court(by division), or a
municipal court, and if by imposition of a probation, department
alternative sanction.
ii. Average length of sentence with frequency distributions, ie., 1-5 days, 6-
14 days, 15-30 days, and 30 day increments thereafter.
iii. Successful completion rates with associated explanations for revocations.
iv. Participant economic profile for the month, including aggregate offender
paid fees, showing frequency by indigents and a reasonable distribution
of paym mit groups thereafter.
H. Provider shall b'responsible for the provision of the services stated herein to all
participants sentenced after , 1999, and after sixty(60) days
following this date, to all participants regardless of sentencing date.
3. SERVICES TO BE PROVIDED BY COUNTY:
A. County shall retain complete authority over the Program.
B. County will keep the original copy of all documentation related to the participants
committed to the Program.
C. County will provide initial and on-going training to Provider's staff on the writing
of infraction reports.
4. COST OF SERVICES:
Provider shall attempt to collect the full fee of service from the participant. County
shall only pay any amount that is not collected by the Provider directly from the
participant, up to a maximum of 50% of the base fee. The maximum cost to the County
Page 3 of 6 Pages
shall be as follows:
In-Home Detention $5.00 per day
In-Home Detention and Remote Alcohol Testing. $7.50 per day
Provider shall provide to County an itemized statement on a monthly basis. Such
statement shall include the participant's name, the date the participant was placed on
electronic monitoring, the numbers of days served by the participant, the amount paid by
the participant to the Provider, and the amount billed to the County for reimbursement,
according to the schedule set forth above.
5. TERM:
This Agreement shall run from year-to-year from the date of the signing, unless
terminated by either County or Provider, requiring,however, that the party seeking to
terminate this Agreement gives the other party thirty(30) days written notice prior to the
date of said termination.
6. EXECUTORY:
This Agreement shall be deemed executory only to the extent of the monies appropriated
and available to the County for the purpose of this Agreement as specified in the
County's adopted budget and no liability on account thereof shall be incurred by the
County beyond the amount of such monies. It is understood and agreed that neither this
Agreement nor any representation by any public employee or officer creates any legal or
moral obligation to request, appropriate, or make available monies for the purpose of this
Agreement.
7. NON-ASSIGNMENT:
This Agreement may not be assigned by the Provider,nor its right, title, or interest
therein assigned, transferred, conveyed, sublet, or disposed of without previous written
consent of County or its designee.
8. NON-WAIVER: Failure to enforce any rights, options, or privileges under any provision
of this Agreement shall not be deemed a waiver thereof and shall not preclude any such
enforcement on any subsequent occasion. Further, the failure to enforce one right,
option, or privilege shall not be deemed a waiver of the right to enforce any other right,
option, or privilege.
9. SEVERABILITY: If any provision of this Agreement should be held to be invalid,
illegal, or unenforceable for any reason, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby.
Page 4 of 6 Pages
10. ENTIRE AGREEMENT: The terms of this Agreement, including its attachments and
exhibits, represent the final intent of the parties herein. Any modification, rescission, or
waiver of the terms of this Agreement shall be affected only if evidenced by a subsequent
writing which is executed and acknowledged by the parties with the same formalities
accorded by this basic Agreement.
11. The Provider shall maintain in full force and effect comprehensive general liability
insurance and property damage insurance with limits of at least $150,000.00 for bodily
injury to any person, $600,000.00 for any one occurrence, $500,000 for property damage
or a total of$1,000,000.00. The Provider shall furnish the County with written
certification of the existence of such liability insurance policy prior to the effective date
of this agreement. The Provider shall maintain in full force and effect accident insurance.
Weld County, Weld County Sheriff, and their employees shall be named as additional
named insureds.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 3rd day
of May , 1999.
ATTEST: (6i AV WELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
Weld County Clerk to the Bo =� COMMISSIONERS OF WELD COUNTY,
d` v' COLORADO, ON BEHALF OF THE
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' G' çLiQ
-- WELD COUNTY SHERIFF
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BY: to �( %J BY:
Deputy Clerk to the Board Dale K. Hall, Chairman (05/03/99)
APPROVED AS TO FORM AND CONTENT:
j
—
BY:
Ed Jor an,Weld County Sheriff
INTERVENTION
/-
BY: / •
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Page 5 of 6 Pages
SUBSCRIBED AND SWORN to before me this (i(7day of rrAori I ,
1999. \\\\\ s\ E\ i
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WITNESS my hand and official seal. �
3Mil4t) r. :kr,...-raw- .I. 1
Notary Public '°UBL\G ;S
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My commission expires: ,\. Q-
My Commission ExpUes ////I/HIIIIIIIII\\\\\\\
JanuaN 27,2002
Page 6 of 6 Pages
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