HomeMy WebLinkAbout972596.tiffRESOLUTION
RE: APPROVE SEVENTEEN AGREEMENTS FOR MUNICIPAL JAIL SERVICES 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 seventeen Agreements 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 Sheriff's Office, and the Towns of
Nunn, Platteville, Milliken, LaSalle, Gilcrest, Firestone, Berthoud, Pierce, Windsor, Hudson,
Keenesburg, Johnstown, Ault, Severance, Eaton, and Erie, and the City of Evans, commencing
upon full execution of said agreements, and ending December 31, 1998, with further terms and
conditions being as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements, 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 seventeen Agreements 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 Sheriff's Office and the Towns of Nunn, Platteville, Milliken,
LaSalle, Gilcrest, Firestone, Berthoud, Pierce, Windsor, Hudson, Keenesburg, Johnstown, Ault,
Severance, Eaton, and Erie, and the City of Evans, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of December, A.D., 1997.
ATTEST:
Weld County
BY.
Deputy Clerk
AP
8C,' 6O; ! 7 En fi f/PS
BOARD OF COUNTY COMMISSIONERS
WELD O�UNTY, C RADO
Georg E. Baxter, Chair
nstance L. Har•- ro-Tem
>'
Dale K. Hall
/44
EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
W. H. ebster
(AYE)
972596
SO0015
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this2 day of June, 1997, by and between the Town of Ault
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.
WITNES SETH:
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
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The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
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(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, summons 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.
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 24-72-302(1) and 24-72-302(2).
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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 Sheriffs Office
Criminal Justice Records Retention Schedule approved to the Colorado
Archivist.
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.
). 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.
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.
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
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972596
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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. 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
Page 5 of 12 Pages
972596
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 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, 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 8.F., as these costs are incurred.
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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 instances, except for emergency situations when immediate notification to the
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972596
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 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.
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.
Page 8 of 12 Pages
972596
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.
Signed and executed the ' day of `1:2.,a_at. , 19 9�
BOARD OF COUNTY COMMISSIONERS
OF WEL P COUNTY, COLORADO
APPROVED AS TO FORM:
TOWN OF Au 11- , COLORADO
Page 9 of 12 Pages
97259c
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
PATRICIA LESH, TOWN CLERK
POST OFFICE BOX 1098
AULT, CO
970-834-2844
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
972596
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.
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SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
PATRICIA LESH, TOWN CLERK
POST OFFICE BOX 1098
AULT, CO
970-834-2844
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
972596
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 1 day of July, 1997, by and between the City of
Berthoud 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:
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
Page 1 of 12 Pages
9'72596
The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
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972596
(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, summons 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 24-72-302(1) and 24-72-302(2).
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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 Sheriffs Office
Criminal Justice Records Retention Schedule approved to the Colorado
Archivist.
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.
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
Page 4 of 12 Pages
972596
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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. 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
Page 5 of 12 Pages
972596
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 Section 3.B., 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, 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.
Page 6 of 12 Pages
972596
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
972596
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 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.
14. MODIFICATION ANT) 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.
Page 8 of 12 Pages
972596
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.
Signed and executed the g day of
BOARD OF COUNTY COMMISSIONERS
OF WE Y, COLORADO
B
ATTE
By
, Chairman
( 2/08/97)
Deputy :� Clerk to the
APPRO
D AS TO FORM:
Cou )(Attorney
TOWN OFBer-'hoot\, CO
ATTEST:
By:1(11 7.<1 (to
To)ri Clerk
APPROVED AS TO FORM:
;SJ
Town Attorney
19n
Page 9 of 12 Pages
9725%
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
WILLIAM WEGENER
CHIEF OF POLICE
P.O. BOX 1229
328 MASSACHUSETTS AVE
BERTHOUD, COLORADO 80513
Tx: 970-532-2611 Fax:
COPY
ANNA
TOWN
SAME
TO BE SENT TO
LENAHAN
ADMINISTRATOR
ADDRESS
970-532-3534
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
972596
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.
Page 11 of 12 Pages
97259,6
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
WILLIAM WEGENER
CHIEF OF POLICE
P.O. BOX 1229
328 MASSACHUSETTS AVE.
BERTHOUD, COLORADO 80513
Tx. 970-532-2611
COPY SET TO
ANNA LENAHAN
TOWN ADMINISTRATOR
SAME ADDRESS
Fax: 970-532-3534
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
972594
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Eaton 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 ajail 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:
DEFINITIONS
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
Page 1 of 12 Pages
972596
The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972596
(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, summons 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).
Page 3 of 12 Pages
972596
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 Sheriffs 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
Page 4 of 12 Pages
972596
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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.
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.
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.
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
Page 5 of 12 Pages
972596
delivered and for every subseq .ent 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 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
`372 s9
EATON'
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
972596
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 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.
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.
Page 8 of 12 Pages
972596
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.
Signed and executed the ' day of
BOARD OF COUNTY COMMISSIONERS
OF WEL D COUNTY, COLORADO
By:
ATTES
By:
hairman
2/0:/97)
eputy Cabrt he B
TOWN OF 0_, COLORADO
By:.g'd13 (i A l._/
ATTEST:
, 1997
Page 9 of 12 Pages
972596
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
TOWN OF EATON
223 FIRST STREET
EATON, CO 80615
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
972596
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.
Page 11 of 12 Pages
972596
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
TOWN OF EATON
223 First Street
Eaton, CO 80615
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
972596
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of Erie
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
Page 1 of 12 Pages
372596 I
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
(CCIC) computer system will be notified that the offender has been
Page 2 of 12 Pages
972596
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, summons 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 24-72-302(1) and 24-72-302(2).
I. Ten -print fingerprint cards will be forwarded to the Colorado Bureau of
Page 3 of 12 Pages
972596 I
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 Sheriffs 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
in accordance with Section 5 of this Agreement. At the time this Agreement is
Page 4 of 12 Pages
972596
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. 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
Municipality shall reimburse the County for the day a Municipal Offender is
Page 5 of 12 Pages
972596
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 Section 3.B., 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
972596
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
instances, except for emergency situations when immediate notification to the Agreement
Monitor or the County Contact Person is required.
Page 7 of 12 Pages
37' 39
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 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.
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.
Page 8 of 12 Pages
97259
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.
Signed and executed the fai< day of , 1997
BOARD OF COUNTY COMMISSIONERS
OF WEL l CO „___OLORADO
ATTEST:
By:
Deputy Count
APPROVED AS TO FORM:
an
8/97)
e Bo
Attorney
TOWN OF Q.'I C , COLORADO
By: 1/44)
ATTEST:
By:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 9 of 12 Pages
37259
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
STEVEN HASLER, CHIEF OF POLICE
POST OFFICE BOX 510
ERIE, CO 80516
303-449-3156
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
37259
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.
Page 11 of 12 Pages
372596 1
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
STEVEN HASLER, CHIEF OF POLICE
POST OFFICE BOX 510
ERIE, CO 80516
303-449-3156
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
97259
AGREEMENT FOR MUNICIPAL JAIL SERVICES
16th September City
THIS AGREEMENT is made this€ day of June, 1997, by and between the Town of
Evans 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
Page 1 of 12 Pages
97259F,
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
(CCIC) computer system will be notified that the offender has been
Page 2 of 12 Pages
972596
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, summons 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 24-72-302(1) and 24-72-302(2).
I. Ten -print fingerprint cards will be forwarded to the Colorado Bureau of
Page 3 of 12 Pages
972596
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 Sheriffs 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
in accordance with Section 5 of this Agreement. At the time this Agreement is
Page 4 of 12 Pages
9'72594
1
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. 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
Municipality shall reimburse the County for the day a Municipal Offender is
Page 5 of 12 Pages
97259g
delivered and for every subseq ,ent 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 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
97259R
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
instances, except for emergency situations when immediate notification to the Agreement
Monitor or the County Contact Person is required.
Page 7 of 12 Pages
97259
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 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.
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.
Page 8 of 12 Pages
97259c
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.
Signed and executed the day of , 1997
BOARD OF COUNTY COMMISSIONERS
OF WEL l C ��;,,,iCOLO' • DO
ATTES
By:
Deputy Co
hairman
2108/97)
o the B
APPROVED AS TO FORM:
CITY
weVad OF EVANS , COLORADO
ATTEST))
TEST: J
By:
/� i�1 ,lv
City pcwnrClerk
APPROV
/7vCf
City lomiti Attorney
APPROVED AS TO SUBSTANCE:
Page 9 of 12 Pages
97259c
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Michael Guthrie, Chief of Police
3700 Golden Street
Evans CO 80620
(970) 339-2441
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
9721396
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:
I) 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 11 of 12 Pages
972
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Michael Guthrie, Chief of Police
3700 Golden Street
Evans CO 80620
(970) 339-2441
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
972594
CITY OF EVANS, COLORADO
RESOLUTION NO. 37-1997
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF EVANS AND THE COUNTY OF WELD TO ALLOW
THE USE OF THE WELD COUNTY JAIL FACILITY FOR HOUSING PRISONERS
SENTENCED BY THE EVANS MUNICIPAL COURT.
WHEREAS, the City of Evans does not have a jail facility to house prisoners sentenced by the
Evans Municipal Court; and
WHEREAS, prisoners sentenced by the Evans Municipal Court are housed at the Weld County
Jail facility; and
WHEREAS, Weld County is requesting reimbursement from the City of Evans for the housing
of municipal prisoners; and
WHEREAS, in accordance with C.R.S. 29-1-203, political subdivisions may cooperate or
contract with one another to provide any function, service or facility lawfully authorized to each of the
entities; and
WHEREAS, in accordance with C.R. S. 31-15-401(1)(k), the City in an agreement with Weld
County Commissioners may use the Weld County Jail for the incarceration of its prisoners; and
WHEREAS, pursuant to the foregoing statutory authority, the County of Weld has submitted
to the City of Evans an agreement concerning the incarceration of municipal prisoners and the
corresponding reimbursement to the County of Weld for such incarceration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
1. The recitals above set forth are incorporated herein by reference for all purposes as
though set forth in full.
+Gear41.04,
2. The Intergovernmental Agreement with the County of Weld attached hereto providing
SEP 97 9lathe housing of prisoners sentenced by the Municipal Court and corresponding reimbursement to the
County of Weld at the basic rate of $45.00 per prisoner per day is hereby approved and the Mayor and
City Clerk are authorized and directed to execute such agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Evans on this 16th day of September , 1997.
ATTEST:
CITY OF EVANS, COLORADO
By
97259c
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this effective the 1st day of January, 1998, by and between
the Town of Firestone, 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 ajail 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
Page 1 of 12 Pages
97259'
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
(CCIC) computer system will be notified that the offender has been
Page 2 of 12 Pages
97259g
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: I) 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).
I. Ten -print fingerprint cards will be forwarded to the Colorado Bureau of
Page 3 of 12 Pages
972596
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 Sheriffs 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 January 1, 1998, shall continue through December 31,
1998, 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.
Page 4 of 12 Pages
97259E
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
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
Page 5 of 12 Pages
97259;
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, 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 9 of this Agreement. The County
shall be reimbursed separately by the Municipality for these costs set forth in this
Section 9. F., as these costs are incurred.
G. The Municipality shall be billed monthly by the County for the rates set forth in
Page 6 of 12 Pages
972596
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
instances, except for emergency situations when immediate notification to the Agreement
Monitor or the County Contact Person is required.
Page 7 of 12 Pages
97259
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.
Page 8 of 12 Pages
97259c
Signed and executed the/I'd; of
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
APPR
D AS TO FORM:
County A orney
TOWN OF FIRESTONE, COLORADO
By:
Rick Patterson, Mayor
ATTEST:
Trudy Peterson, Town Clerk
APPROVED AS TO FORM:
eA_A
4/0
Town Attorney
M:\W PFILES\AGREE\I MUJAFIR.BTB
Page 9 of 12 Pages
972596
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Steve Modrell, Chief of Police
150 Buchanan
P.O. Box 100
Firestone, Colorado 80520
Telephone (303) 833-3291
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
Page 10 of 12 Pages
9725
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
Page 11 of 12 Pages
97259c '
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.
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Steve Modrell, Chief of Police
150 Buchanan
P.O. Box 100
Firestone, Colorado 80520
Telephone (303) 833-3291
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
Page 12 of 12 Pages
972596
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Gilcrest hereinafter referred to as the "Municipality"; and the County of Weld, a political
subdivision of the State of Colorado, hereinafter referred to as "County."
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
Page 1 of 12 Pages
•
97259F
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
(CCIC) computer system will be notified that the offender has been
Page 2 of 12 Pages
97259,
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, summons 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).
I. Ten -print fingerprint cards will be forwarded to the Colorado Bureau of
Page 3 of 12 Pages
97259e
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 Sheriffs 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 .I,"\L--
municipal clerk first class the following working day, at the election of the
Municipal Court Clerk.
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
in accordance with Section 5 of this Agreement. At the time this Agreement is
Page 4 of 12 Pages
97259€
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. 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
Municipality shall reimburse the County for the day a Municipal Offender is
Page 5 of 12 Pages
97259cc
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 Section 3.B., 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
972595
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 o'r
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
instances, except for emergency situations when immediate notification to the Agreement
Monitor or the County Contact Person is required.
Page 7 of 12 Pages
972 596
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 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.
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.
Page 8 of 12 Pages
972596
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.
Signed and executed the day
of , >c) —€1.6)-0-71A,, , 199,7
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNT A LORADO
Bv:
ATTEST:
By:
eputy County
APPROVED AS TO FORM:
an
97)
TOWN OF G/LcriESfCOLORADO
By: ` 5 •
ATTEST:
By: , (55,4,eAr7>
Town C,Jerk
AVE AS
m
C
Page 9 of 12 Pages
972596
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Karyn Kauffman, Mayor
Post Office Box 128
Gilcrest, CO 80623
970-737-2426
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
9725%
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.
Page 11 of 12 Pages
972,59
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.
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Karyn Kauffman, Mayor
Post Office Box 128
Gilcrest, CO 80623
970-737-2426
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
972596
k*\ - OF THE SHel?*
O (\ l
GREELEY OFFICE
910 10TH AVENUE
GREELEY, CO 80631
PHONE (970) 356-4015
ED JORDAN
June 2, 1997
FT. LUPTON SUB -STATION
330 PARK AVENUE
FT. LUPTON, CO 80621
PHONE (907) 356-4015 EXT.5906
(303) 857-2465
Dear Chief Yrineo Salazar;
The Weld County Sheriffs Office is making several changes in the contract for holding municipal
prisoners. These changes are needed to establish consistency: when dealing with all municipal
departments within Weld County: , A- consistent procedure for us to act upon will reduce the
probability for error while working with each department to meet the needs of their agency.
We also conducted an analysis to calculate the average time to book andreleease a prisoners. Based
on these figures, we have determined the cost refereed to in Section 8, Letter B, as $22.00.
We are attempting to get an early jump on this process this year so municipalities may have
adequate time for planning and budgeting before any changes take affect, Please review this revised
contract, obtain the proper. signatures, an eturn to mepriorto December 1, 1997 if you wish to
continue this service with the Weld County'' Sheriffs Office.
If you have specific questions, feel free to give me a Gall at (976)- 56-4015 ext. 4629. Thank you
for your assistance in this matter. ' a
(I.
Kim Fliethman
Business Manager
Ci ilk EST
97259c
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the 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."
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
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
Page 1 of 12 Pages
972596
The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
97259c
(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, summons 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.
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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
97259E
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 Sheriffs Office
Criminal Justice Records Retention Schedule approved to the Colorado
Archivist.
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.
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
Page 4 of 12 Pages
97259$
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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. 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
Page 5 of 12 Pages
972$$
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 Section 3.B., 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
972596
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
972596
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 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.
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.
Page 8 of 12 Pages
972596
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.
Signed and executed the A day of'-dPQee— , 1y/J`
BOARD OF COUNTY COMMISSIONERS
OF WELLORADO
Tom.
Deputy County lerk to the
APPROVED AS TO FORM:
ATTEST:
By: �/�, C�h,2c—✓�-
T/ To n Clerk
APPROVED AS TO FORM:
Town Attorney
Page 9 of 12 Pages
97259
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Judy Larson
557 Ash Street
Post Office Box 351
Hudson, CO 80642
303-536-9311
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
972.5ng
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 B.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 11 of 12 Pages
9725$
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Judy Larson, Town Clerk
557 Ash Street
Post Office Box 351
Hudson, CO 80642
303-536-9311
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
97259f
F THE OC\C� Ofd /SHFRhc
GREELEY OFFICE
910 10TH AVENUE
GREELEY, CO 80631
PHONE (970) 356-4015
Dear Town of Hudson;
ED JORDAN
June 2, 1997
FT. LUPTON SUB -STATION
330 PARK AVENUE
FT. LUPTON, CO 80621
PHONE (907) 356-4015 EXT.5906
(303) 857-2465
The Weld County Sheriffs Office is making several changes in the contract for holding municipal
prisoners. These changes are needed to establish consistency when dealing with all municipal
departments within Weld County. A consistent procedure for us to act upon will reduce the
probability for error while working with each department to meet the needs of their agency.
We also conducted an analysis to calculate the average time to book and release a prisoners. Based
on these figures, we have determined the cost refereed to in Section 8, Letter B, as $22.00.
We are attempting to get an early jump on this process this year so municipalities may have
adequate time for planning and budgeting before any changes take affect. Please review this revised
contract, obtain the proper signatures, and return to me prior to December 1, 1997 if you wish to
continue this service with the Weld County Sheriffs Office.
If you havespecific questions, feel free
for your assistance in this matter.
Sincerel
Kim Fliethman
Business Manager
56-4015 ext. 4629. Thank you
.-0
ED
\p
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Johnstown 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.
WITNES SETH:
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
Page 1 of 12 Pages
97259+ •
The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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:
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972590
(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, summons 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.
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.
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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
972596
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 Sheriffs 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.
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
Page 4 of 12 Pages
972596
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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. 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
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
Page 5 of 12 Pages
972596
delivered and for every subseq lent 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 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.
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.
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 8.F., as these costs are incurred.
Page 6 of 12 Pages
97259F,
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
97259r
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 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.
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.
Page 8 of 12 Pages
972596
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.
Signed and executed the e day of Cpe,-'A— . 197f
BOARD OF COUNTY COMMISSIONERS
OF WELD CORADO
By:
ATTEST:
By:
eputy County Clerk to the
irman
/97)
TOWN OE OU 3 COLORADO
By: A/1/4127)/ y29,
fQS.' ••,,
W .�y
("J , •••• ,Town Clerk
�s.,•,•
APPRO
ORM:
ten
own Attorney
Page 9 of 12 Pages
972596
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
DIANA SEELE, TOWN CLERK
POST OFFICE BOX 609
JOHNSTOWN, CO 80534
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
972596
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.
Page 11 of 12 Pages
97259c
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
DIANA SEELE, TOWN CLERK
POST OFFICE BOX 609
JOHNSTOWN, CO 80534
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
972596
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the 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."
WHEREAS, the Municipality does not desire to maintain ajail 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:
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
Page 1 of 12 Pages
972596
The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972.5ne
(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, summons 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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
972596
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 Sheriffs 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.
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
Page 4 of 12 Pages
972596
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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.
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.
S. 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
Page 5 of 12 Pages
972 596
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 Section 3.B., 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
97259
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
97259'
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 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.
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.
Page 8 of 12 Pages
972596
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.
e
Signed and executed the 24-st=day of +7- - r , 19 97
BOARD OF COUNTY COMMISSIONERS
OF WE ,.P COUNTY, COLORADO
B
ATTE
By:
epu
APPR
y
to
Chairman
(12/08/97)
TOWN OFKEENESBURGCOLORADO
By:
ATTEST:
By:
L-1_ _gllerkl/1/�J1
Tdw
APPROVED AS TO FORM:
Page 9 of 12 Pages
972596
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Cheryl Jesser
Town Clerk
140 S. Main St.
P.O. Box 312
Heenesburg, Colo. 80643
303-732-4281
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
972596
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.
Page 11 of 12 Pages
97259c
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Cheryl Jesser, Town Clerk
140 S Main Street
Post Office Box 312
Keenesburg, CO 80643
303-732-4281
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
9725%
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
LaSalle 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
Page 1 of 12 Pages
972596
The offender must be without serious medical and/or mental conditions, as
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
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.
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972.59s7.
(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, summons 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.
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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
972596
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 Sheriffs 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
Page 4 of 12 Pages
372.596
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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. 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
Page 5 of 12 Pages
972596
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 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
972596
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
97259
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 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.
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.
Page 8 of 12 Pages
9725Thh
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.
Signed and executed the e d day of -D.,e_eo e ,
BOARD OF COUNTY COMMISSIONERS
OF LD COLORADO
ATTEST:
By:
airman
/x8/97)
eputy County C elk to the Boat
APPRO 'ri AS TO FORM:
TOWN OF
By
ATTES
ttorney
APPROVED AS TO FORM:
"-It
Town A orne
Y
Page 9 of 12 Pages
97259
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Carl L. Harvey
Police Chief
LaSalle Police Department
119 Main Street
LaSalle, Colorado 80645
Telephone Number: (970) 284-5541
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
9?259
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 shallThe 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 11 of 12 Pages
9725'?'
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to.
Carl L. Harvey
Police Chief
LaSalle Police Department
119 Main Street
LaSalle, Colorado 80645
Telephone Number: (970) 284-5541
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
9725.9
TOWN OF LASALLE, COLORADO
Resolution No. J-1997
WHEREAS, the COUNTY OF WELD has tendered to the TOWN OF
LASALLE, COLORADO, an agreement covering the use of the County
Jail for the incarceration of Municipal Offenders, the reimbur-
sement of the costs of housing Municipal Offenders and normal
costs incidental to the operation of the County Jail, the reim-
bursement of costs of legal services 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, and the
transportation of persons in custody for violation of a Municipal
Ordinance; and
WHEREAS, C.R.S. 31-15-401(1)(k), authorizes the Town of
LaSalle, through the Board of Trustees of the Town of LaSalle,
with the agreement of the Weld County Commissioners, to use the
County Jail for the incarceration of its prisoners; and
WHEREAS, C.R.S. 29-1-203 authorizes the Town of LaSalle,
through the Board of Trustees of the Town of LaSalle, to cooper-
ate or contract with other political subdivisions to provide any
function, service or facility lawfully authorized to each of the
corporations or contracting entities; and
WHEREAS, the Board of Trustees of the the Town of LaSalle,
Colorado, finds the entering into the agreement with the County
of Weld for the use of the County Jail for the incarceration of
Municipal Offenders is in the best interests of the people of the
Town of LaSalle;
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE TOWN OF LASALLE
approves the agreement attached hereto and authorizes the Mayor
to sign the same.
INTRODUCED, READ, PASSED, AND ADOPTED, at the regular meeting
of the Board of Trustees of the Town of LaSalle, Colorado held on
November 25, 1997.
TOWN OF SALLE, COLORADO
ATTESTED.
N
oan Heckman, Town Clerk
By
a . Wardell, ayor
372,59c-;
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Milliken 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
Page 1 of 12 Pages
97298
B. The offender must be without serious medical and/or mental conditions, as
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:
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972.59
(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, summons 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.
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.
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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
97259S
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 Sheriffs Office
Criminal Justice Records Retention Schedule approved to the Colorado
Archivist.
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.
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.
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.
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.
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.
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
Page 4 of 12 Pages
97259R
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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.
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.
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.
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
Page 5 of 12 Pages
9'7` 59
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.
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.
The Municipality shall reimburse the County at the rate of nine dollars ($9.00)
per offender per day for each offender participating in the detention alternative
programs described in Section 3.B., above. This reduced per diem rate represents
a partial cost for the administration of the detention alternative programs. 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.
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.
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.
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 8.F., as these costs are incurred.
Page 6 of 12 Pages
972596
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
9729
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 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.
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.
Page 8 of 12 Pages
972596
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.
Signed and executed the day of
BOARD OF COUNTY COMMISSIONERS
By
OF UNTY, COLORADO
hairman
2/0:/97)
De.0 y ounty Clerk to the Board
APPRO I P AS TO FORM:
County A ttorney
TOWN OF MILLIKEN , COLORADO
By:
ATTEST:
By:
APPROVED AS TO FORM:
Town Attorney
Page 9 of 12 Pages
,199%
972596
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Randall S. Jacobson, Chief of Police
Milliken Police Department
P.O. Box 286
Milliken, CO 80543
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
972 596
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.
Page 11 of 12 Pages
972 596
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Randall S. Jacobson, Chief of Police
Milliken Police Department
P.O. Box 286
Milliken, CO 80543
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
Booking Division
Weld County Sheriff s Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
97259"
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Nunn 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 ajail 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:
14C50,
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises contained herein, the parties hereto agree as follows:
1. DEFINITIONS
25 NU 97 17: 19
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
Page 1 of 12 Pages
972596
The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972595
(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, summons 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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
972 596
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 Sheriffs Office
Criminal Justice Records Retention Schedule approved to the Colorado
Archivist.
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
Page 4 of 12 Pages
972 596
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. 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
Page 5 of 12 Pages
972596
delivered and for every subseq lent 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 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
972 $)
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
972596
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 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.
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.
Page 8 of 12 Pages
972596
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.
d..
Signed and executed the g —Uay of
BOARD OF COUNTY COMMISSIONERS
OF WELD CO T COLORADO
B
ATTEST:
By
airman
/08 97)
Deputy Couu't= _ is =�'o the
APPROVE
AS TO FORM:
County A torney
TOWN OF Nu NW , COLORADO
BY:
ATTE T:
By: j(Z�LcCtC�,/il !/Y1
Town Cler
APPROVED AS TO FORM:
aeci
Town Attorney
Page 9 of 12 Pages
97259,
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
PATRICIA KENINGER, TOWN CLERK
POST OFFICE BOX 171
NUNN, CO 80648
970-897-2385
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
972595
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.
Page 11 of 12 Pages
9729.
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
PATRICIA KENINGER, TOWN CLERK
POST OFFICE BOX 171
NUNN, CO 80648
970-897-2385
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
372598
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Platteville 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:
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
Page 1 of 12 Pages
97259c
The offender must be without serious medical and/or mental conditions, as
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972595
(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, summons 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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
972 594
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.
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.
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.
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.
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.
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
Page 4 of 12 Pages
972595
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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. 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.
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.
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
Page 5 of 12 Pages
97259C
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.
3. 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 Section 3.B., 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, 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 8.F., as these costs are incurred.
Page 6 of 12 Pages
97259c
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
972598
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 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.
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.
Page 8 of 12 Pages
97259
15. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid, illegal or
unenforceable, this Agreement ¢hall 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.
Signedand executed the 5 day of _h.v,19$2
BOARD OF CO COMMISSIONERS
OF WELD ' %.LORADO
>/4
By:
ATTEST:
By:
hairman
Deputy County Clerk to the B
APPROVED AS TO FORM:
Cou��nf� Attorney
= TOWN -OF /r l /f —COLORADO- --
By: .Pir2
08/97)
ATTEST:
Page 9 of 12 Pages
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
GREG DONEWAR
POST OFFICE BOX 389
PLATTEVILLE, CO
970-785-2215
2. Until further notice is received, the County's Contact Person chall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
SCHEDULE B
The costs of providing to Municipal Offenders routine, on -site medical psychologicaUpsychiatric,
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 rateper offender per day as set forth in Section S.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 11 of 12 Pages
97259c
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
GREG DONEWAR
POST OFFICE BOX 389
PLATTEVILLE, CO
970-785-2215
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
Booking Division
Weld County Sheriffs Office -
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
972595
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Pierce 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 0) (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
Page 1 of 12 Pages
97259F
The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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:
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972596
(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, summons 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.
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.
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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
97259c
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.
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.
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.
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.
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
Page 4 of 12 Pages
972596
party in accordance with Section 5 of this Agreement. At the time this Agreement is
terminated, the Municipality shall retake all Municipal Offenders.
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. 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.
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.
COST AND REIMBURSEMENT
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
Page 5 of 12 Pages
9725.i9,
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.
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.
The Municipality shall reimburse the County at the rate of nine dollars ($9.00)
per offender per day for each offender participating in the detention alternative
programs described in Section 3.B., above. This reduced per diem rate represents
a partial cost for the administration of the detention alternative programs. The
balance of the costs shall be reimbursed to the County by each offender
participating in the program. This reduced Per Diem rate shall commence on the
first day of an offender's participation in the program and shall continue through
and including the last day of participation in the program.
D. If a Municipal Offender is detained in the Weld County Jail under the concurrent
authority of the municipality and of other municipal jurisdictions, the
municipality shall be responsible for no more than its equally proportional share
of the cost of housing and maintaining the offender in the custody and/or under
the supervision of the Weld County Sheriff.
E. The costs of providing routine, on -site or contract medical, psychiatric or dental
services shall be considered normal costs incidental to the operation of the
County Jail, as further defined in Schedule B, attached hereto and incorporated
herein by reference, and are considered part of the costs reimbursed by the fixed
rate per offender per day as provided in subparagraph A., above. The County
shall be reimbursed by the Municipality for the costs of extraordinary health care
services, as further defined in Schedule B. Those offenders participating in the
detention alternatives of work -release and electronic home detention shall be
responsible for their own medical, psychiatric and dental care.
F. 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 S.F., as these costs are incurred.
Page 6 of 12 Pages
97259q
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 sewed 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
Page 7 of 12 Pages
97259c
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 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.
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.
Page 8 of 12 Pages
97259c
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.
Signed and executed the 2' day of
BOARD OF COUNTY COMMISSIONERS
OF WELD CO OLORADO
By:
ATTEST
By:
eputy Cou t ' �"'ro the B
ATTEST:
By:
rman
/08/97)
Town Clerk
APPROVED AS TO FORM:
, 199Q -
Page 9 of 12 Pages
9'7259
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
cr+a u off. GP.r.„
CC g' m 6 so
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
912596
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:
I) 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 11 of 12 Pages
972596
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
(2Rrni j
O• i 6-7
gmbso
_deco J
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Severance 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
Page 1 of 12 Pages
The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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:
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
Coale* t —
r+
(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, summons 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.
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).
Page 3 of 12 Pages
9'72595
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 Sheriffs 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.
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
Page 4 of 12 Pages
97259,5
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.
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
Page 5 of 12 Pages
972595
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.
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.
The Municipality shall reimburse the County at the rate of nine dollars ($9.00)
per offender per day for each offender participating in the detention alternative
programs described in Section 3.B., above. This reduced per diem rate represents
a partial cost for the administration of the detention alternative programs. 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.
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.
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.
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 8.F., as these costs are incurred.
Page 6 of 12 Pages
972,59F)
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
972 596
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 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.
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.
Page 8 of 12 Pages
972 395
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.
Signed and executed the day of J y , 19_.
BOARD OF COUNTY COMMISSIONERS
OF WELD CO y, ';'°'5tISRADO
B
an
08/97)
ATTEST:
v
Deputy County Clerk to the B
TOWN OF � , COLORADO
By::.RLQK a CJ� /II4t�U�
ATTEST:
By: 4
Town Clerk
APPROVED AS TO FO
Page 9 of 12 Pages
972598
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
Kam! Ti/ KLI N /gayer
TOWN or EVIRANQ
P.O. BOX 122
SI M DANCE, COLORADO 80546
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
97259
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.
Page 11 of 12 Pages
97259S
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
Kai r' K..INC,
/i7a7ro r
MIMIOF S ARAN0l
P.O. lOX 122
Sateeha, COLORADO Ma
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
9'72 i9c
AGREEMENT FOR MUNICIPAL JAIL SERVICES
THIS AGREEMENT is made this 2 day of June, 1997, by and between the Town of
Windsor 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
Page 1 of 12 Pages
972595
B. The offender must be without serious medical and/or mental conditions, as
determined by the Weld County Jail Health Care Provider, including, but not
limited to, communicable infectious disease.
The offender's identity must be reasonably established
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.
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 this
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 first-class mail, or a mutually accepted
alternative, no later than the following working day. The municipal law
enforcement agency listed as the arrest warrant originating agency on the
Colorado Bureau of Investigation's Colorado Crime Information Center
Page 2 of 12 Pages
972596
(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, summons 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.
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 24-72-302(1) and 24-72-302(2).
Page 3 of 12 Pages
972595
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 Sheriffs Office
Criminal Justice Records Retention Schedule approved to the Colorado
Archivist.
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.
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.
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
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.
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
Page 4 of 12 Pages
972396
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. 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.
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
Page 5 of 12 Pages
9'725.7rt
9
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.
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.
The Municipality shall reimburse the County at the rate of nine dollars ($9.00)
per offender per day for each offender participating in the detention alternative
programs described in Section 3.B., above. This reduced per diem rate represents
a partial cost for the administration of the detention alternative programs. 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.
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.
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.
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 8.F., as these costs are incurred.
Page 6 of 12 Pages
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 instances, except for emergency situations when immediate notification to the
Page 7 of 12 Pages
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 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.
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.
Page 8 of 12 Pages
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.
Signed and executed the day of
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY COLORADO
By:
rman
/08/97)
ATTES
By
Deputy Cour
APPROVED AS TO FORM:
TOWN OF WINDSOR , COLORADO
By:
Mayor
ATTEST:
By:
Page 9 of 12 Pages
1977
9i2rt9s
SCHEDULE A
1. Until further notice is received, the Municipality's Agreement Monitor shall be:
John E. Michaels, Chief of Police
Town of Windsor
301 Walnut Street
Windsor, CO 80550
Telephone No. 970-686-7433
2. Until further notice is received, the County's Contact Person shall be:
Marilyn Bedford
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 10 of 12 Pages
9725.9C
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.
Page 11 of 12 Pages
97;2',E9S
SCHEDULE C
1. Any notice to the Municipality provided for in the Agreement shall be sent to:
JOHN E MICHAELS, CHIEF OF POLICE
TOWN OF WINDSOR
301 WALNUT STREET
WINDSOR, CO 80550
970-686-7433
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
Booking Division
Weld County Sheriffs Office
910 10th Avenue
Greeley, Colorado 80631
Telephone: (970) 356-4015, Ext. 4624
Page 12 of 12 Pages
Town of Windsor
rr
301 Walnut Street •Windsor, Colorado 80550 • 970-686-7476 • Fax: 970-686-7180
J
August 12, 1997
Board of Weld County Commissioners
P.O. Box 758
Greeley, CO 80632-D758
Dear County Commissioners:
Enclosed is the original Agreement for Municipal Jail Services between the
County of Weld and the Town of Windsor and a copy of Resolution No. 1997-41
approving the Agreement.
Please return to the Town a signed copy of the Agreement when approved.
Thank you for giving this matter your attention.
Sincerely,
TOWN OF WINDSOR
_ edit e /E`aV�i4n>_zu�
P. Jeanne Nazarenus, CMC
Town Clerk
972,`79:7;
TOWN OF WINDSOR
RESOLUTION NO. 1997- 41
BEING A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE TERMS
AND CONDITIONS OF AN AGREEMENT FOR MUNICIPAL JAIL SERVICES BETWEEN
THE TOWN OF WINDSOR AND THE COUNTY OF WELD.
IT IS HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
WINDSOR, COLORADO, AS FOLLOWS:
1. That the Town of Windsor hereby ratifies, approves and confirms the terms and
conditions of the Agreement for Municipal Jail Services dated June 2, 1997, between the Town
of Windsor and the County of Weld, a copy of which is attached hereto and made a part hereof.
2. That the Town of Windsor hereby authorizes the Mayor of the Town to execute
said Agreement for Municipal Jail Services on behalf of the Town.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this
11th day of August, 1997.
TOWN OF WINDSOR, COLORADO
By Yp/z..t
ATTEST:
Town Clerk
ayor
9725nc
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