HomeMy WebLinkAbout20212266.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR SMART MOBILE BREATH
ALCOHOL MONITORING SYSTEM AND AUTHORIZE CHAIR TO SIGN - SMART
START, LLC
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 a Memorandum of Understanding for a
SMART Mobile Breath Alcohol Monitoring System between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Justice Services, and SMART START, LLC, commencing upon full execution of
signatures, with further terms and conditions being as stated in said memorandum of
understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, 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 Memorandum of Understanding for a SMART Mobile Breath
Alcohol Monitoring System between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Justice Services,
and SMART START, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of July, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:R% Jele0;14.
Weld County Clerk to the Board
my Attorney
Date of signature: 0T/01-i /21
Steve Mo
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EXCUSED
Lori Saine
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2021-2266
JS0007
Justice Services Department
901 10th Avenue
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
Fax: (970) 392-4677
To: Weld County Board of Commissioners
From: Doug Erler, Directol&
Re: Consider Memorandum of Understanding for use of Remote Alcohol Monitoring
Equipment and Services between SMART START, LLC., and Weld County and Authorize
Chair to Sign
Date: July 28, 2021
This item was first presented to you as a Pass Around review and now comes before you for final
review and approval. This MOU has been reviewed by the County Attorney's office and sets forth
agreement for use of Remote Breath Alcohol Monitoring equipment and services with SMART
START, LLC for the department's Pretrial Services program. These devices will help Pretrial
Services personnel effectively carry out Court orders upon certain defendants to refrain from use
of alcohol while on pretrial release supervision and at much lower costs to all involved. This MOU
is at no cost to Weld County; it simply outlines roles of each party, an overview of services and
equipment and agreement to allow the program to house a handful of devices onsite for quicker
deployment, especially for higher risk defendants.
Thank you for your consideration.
2021-2266
1/a?
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Consider Memorandum of Understanding for Remote Alcohol Monitoring Equipment
and Services
DEPARTMENT: Justice Services DATE: July 20, 2021
PERSON REQUESTING: Doug Erler
Brief description of the problem/issue:
As condition of bond or summons, the Courts often order defendants to be fitted on what is called Transdermal
Alcohol Detector (TAD) devices and as part of the Department's Pretrial Services supervision program. This
technology is aging out, and no longer being manufactured. The Department has been exploring alternative
technology and use of what is called Mobile Breath Alcohol Monitoring technology/devices with a national
company called SMART START, LLC. They offer a comparable and much less costly alternative. Pretrial
Services has demonstrated this technology to the Courts, DA and PD offices and they voice support to use.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
In working with Assistant County Attorney, Bob Choate, the Department has drafted a MOU with SMART
START, LLC for use of equipment and services. SMART START has reviewed this draft and have no
objections. There is no cost to Weld County with this MOU — it is exclusively developed to implement services
and allowed use by the Department to house and install these devices onsite and for quicker deployment.
Option 1. Approve for placement on a future hearing agenda for final review/approval, and authorize Chair to
Sign
Option 2. Work Session
Option 3. Take no action
Recommendation:
OPTION 1. This MOU will allow implementation of effective technology and onsite use of devices to help
monitor defendants with alcohol abuse problems and who are ordered to Pretrial Services supervision as a
condition of their bond or summons. There is no cost to Weld County and cost to defendants placed on these
devices would be significantly cheaper than for TAD's. Thank you for your consideration.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
MEMORANDUM OF UNDERSTANDING
Between
Weld County Justice Services Department
and
SMART START, LLC
(SMART Mobile Breath Alcohol Monitoring System)
This Memorandum of Understanding (MOU) is set forth to guide the arrangement and use of
SMART Mobile Breath Alcohol Monitoring System technology, devices and services by and between
SMART START LLC ("SMART START") for the Weld County Justice Services Department, through its
Pretrial Services program ("Pretrial Services"). This MOU is not intended to be a complete
description of all work necessary and the parties understand modifications may be made ongoingly
and with agreement by both parties.
The parties acknowledge that this MOU is not intended to set forth contractual or financial terms
governing the use of equipment or services by Weld County.
Service:
The purpose of this MOU is to facilitate the use of SMART START Mobile Breath Alcohol Monitoring
equipment by Pretrial Services' clients ("defendants"), by allowing Pretrial Services to house SMART
START equipment on site and assist defendants in the enrollment process.
The parties acknowledge and agree the sharing of relevant information on a confidential basis with
the intention of identifying needs and capabilities of both parties; and to establish a productive
working relationship between the parties, targeted to deploy and deliver effective mobile breath
alcohol monitoring technology and services for identified defendants placed on pretrial release
supervision, as a ordered by a 19th Judicial Court.
Equipment:
SMART START shall make available and provide SMART Mobile Breath Alcohol Monitoring devices,
Breath Check Alcohol Testing Devices and Breath Check services for defendants, as defined and as
necessary for Pretrial Services.
SMART START agrees to allot to Pretrial Services an agreed amount by the parties of SMART Mobile
Breath Alcohol Monitoring devices for onsite storage at the office of Pretrial Services. For the
purpose of this MIOU these devices are referred to as "housed devices."
Except for the intentional acts, gross negligence, or recklessness of Pretrial Services, in the event of
any loss, theft, or damage to SMART START equipment, whereas the parties agree such conduct
occurred, Weld County shall not be held accountable for any lost, damaged, or stolen equipment.
As denoted herein, the majority of equipment will be under the direct control of SMART START at
locations throughout Colorado and the United States, and therefore, the responsibility of lost or
O�-v 02 I 02 _1
stolen equipment falls on the defendant or SMART START through a mutually signed Lease
Agreement between SMART START and the individual and at the time of installation of a device.
Referrals/Defendant Enrollment:
Pretrial Services shall complete the SMART Mobile Enrollment Form for each identified defendant,
and include all identification information, monitor information, details of required test windows
and required "Install By" dates. If Pretrial Services is using a "housed device," (as described further
in this MOU) information must include the unit device name and serial number on the Enrollment
Form.
Pretrial Services shall complete Enrollment Forms set forth by SMART START and e-mail them to:
Cindy Aguilar - Cindy.Aguilar@smartstartinc.com
and
Wes Knox - wknox@smartstartinc.com
and
Matthew Law - Matthew.law@smartstartinc.com
SMART START will set up the defendant's account and contact the defendant within 24 hours of
receiving the Enrollment Form to schedule an appointment for the installation of the SMART Mobile
device at an approved Service Center. SMART START shall provide to Pretrial Services information
on the locations of Service Centers.
The defendant shall proceed to the SMART START Service Center on the day of their appointment.
The Service Center will require the defendant to acknowledge and sign a Lease Agreement
regarding obligations that shall apply. Refusal by a defendant shall necessitate SMART START to
notify Pretrial Services to try to resolve matters with the defendant(s).
SMART START is solely responsible to collect all fees from defendants and through methods agreed
upon and understood by SMART START and defendants. As approved by and in the sole discretion
of Pretrial Services, Pretrial Services may pay for all or partial costs of a device on behalf of a
defendant. In such instances, Pretrial Services shall arrange with SMART START in how best to
tender payment(s). Otherwise, all fees assessed by SMART START to a defendant solely become the
responsibility of the defendant.
Rate of Cost:
The parties understand rates of cost may change from time to time and SMART START shall inform
Pretrial Services ahead of time if making changes to any rates.
Defendants participating in this program and use of equipment shall be informed by Pretrial
Services and/or at time of installation by SMART START that they may be charged up to $1,000 for
any lost or stolen equipment & accessories, if not returned according to instructions given by
SMART START or Pretrial Services. All costs shall be billable to the defendant and will be taxed if
applicable unless prior agreement by Pretrial Services to pay all or partial costs of a device on behalf
of a defendant.
Pretrial Services agrees to help track any lost or stolen equipment. If a device is lost the defendant
may need to purchase another device, as specified by SMART START.
Services
SMART START agrees to provide these core services:
• SMART Mobile Portable Alcohol Monitoring devices;
• Train Pretrial Services personnel and any required follow-up training when requested, free
of charge, regarding the installation, care and use of equipment and services; this shall
include training and access to SmartWeb, which provides access for approved Pretrial
Services personnel to view/print only a defendants data via SMART START's SmartWeb
portal; SMART START and Pretrial Services shall agree on user rights of Pretrial Services
personnel to the SmartWeb portal;
• "24/7/365" multilingual staff to defendants for any SMART Mobile technical issues and
make all efforts to address any technical issues within one (1) business day; and
• Defendant installation, servicing and equipment set-up at any SMART START Service Center
for any SMART START device.
The parties agree that Pretrial Services shall be given a certain number of devices by SMART START
to be "housed" at the office of Pretrial Services, located at 901 10th Ave. Greeley, CO 80631. The
objective shall be to allow Pretrial Services personnel to install a device on a defendant(s) in
circumstances deemed immediate and necessary by Pretrial Services. Unless otherwise agreed
upon these installations shall occur onsite at the Pretrial Services office and under the care of
supervisory personnel for the Justice Services Department. The Department agrees to care for and
dutifully manage the inventory of devices appropriated by SMART START.
If a defendant needs services after normal business hours, Pretrial Services shall inform the
defendant that they can call SMART START's toll -free number at 866-236-1186 and SMART START's
answering system will direct the defendant to the appropriate department for assistance. The
SMART START Operations Manager and Field Tech Representative shall also be available to trouble-
shoot any issues during regular business hours.
Notification via e-mail correspondence to Pretrial Services by SMART START regarding any
defendant violations, including any confirmed positive alcohol monitoring tests shall be sent to the
designated Pretrial Services staff member(s) within a 24 -hour period once information is received
by SMART START servers. Violation notification(s) shall also include failure by a defendant to take a
breath test or attempting to falsify a test.
In the event a defendant returns a SMART device to a SMART START Service Center without proper
authorization, or if SMART START learns that the equipment has been abandoned, SMART START
will notify Pretrial Services by no later than a 48 -hour period that the defendant is no longer in
possession of the equipment. A Removal Notification report will also be emailed by SMART START
to Pretrial Services.
Regarding end -of -program services, Pretrial Services agrees to notify SMART START when a
defendant is permitted to be removed from the SMART START program.
Pretrial Services shall make all reasonable efforts to inform defendants under its supervision that
they must contact SMART START to arrange for the prompt return of any device. SMART START will
e-mail to Pretrial Services a Removal Notification that SMART START equipment has been removed
within 48 hours of removal. Pretrial Services shall also communicate such removal to SMART START
if this step is completed onsite at the office of Pretrial Services.
Reports
SMART START can/will provide the following reports as needed by Pretrial Services:
• Installation Notification or Failure to Have Installation Completed reports by required date
• Violation Reports
• Compliant or Non -Compliant Removal reports of any device or from the SMART START
system
• Additional reports from the SMART START reporting system, as needed by Pretrial Services
and reasonably made available by SMART START.
Implementation:
SMART START shall make available devices to Pretrial Services upon the signing of this MOU. SMART
START will schedule on-line and/or in -person training for Pretrial Services, as agreed upon by the
parties. Agreed upon number of "Housed Devices" shall be shipped or delivered by SMART START to
Pretrial Services.
Main Points of Contacts:
SMART START, LLC
Matthew D. Law, Regional Manager
(720) 537-0380
Matthew.law@smartstartinc.com
Wes Knox, Operations Manager CO/UT
(720) 333-3406
wknox@smartstartinc.com
Weld County Justice Services Department
Lindsay Kelly, Pretrial Services Manager
(970) 400-4849
Ikelly@weldgov.com
Doug Erler, Department Director
(970) 400-4847
derler@weldgov.com
The following individuals are the first line of contacts for defendant reporting and program issues:
SMART START, LLC
Cindy Aguilar, Colorado Administrative Assistant
(303) 279-3318
Cindy.Aguilar@smartstartinc.com
Matthew Law, Regional Manager
(720) 537-0380
Matthew.Law@smartstartinc.com
Weld County Justice Services Department
Lindsay Kelly, Pretrial Services Manager
(970) 400-4849
Ikelly@weldgov.com
Term and Termination. This MOU shall be effective upon mutual execution and shall remain in effect
until terminated by either party. Either party my terminate this MOU, without cause on sixty (60)
days written notice to the other party. Furthermore, this MOU may be terminated at any time without
prior notice upon a material breach of the terms of the MOU. Upon termination, neither party shall
have any claim against the other for any act arising out of or in connection to this MOU.
Governmental Immunity. No term or condition of this MOU shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions,
of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this MOU shall give or allow any claim or right of
action whatsoever by any other person not included in this MOU, including defendants utilizing the
SMART START services. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this MOU shall be an incidental
beneficiary only.
Board of County Commissioners of Weld County Approval. This MOU shall not be valid until it has
been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
Non -Assignment. Neither party may assign or transfer this MOU or any interest therein or claim
thereunder, without the prior written approval of the other party.
Non -Exclusive Agreement. This MOU is nonexclusive and either party may engage or use other
Contractors or persons to perform services of the same or similar nature.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this Z$ —day of
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SMART START L
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Title: 4/.4 S.4.c,.C S
Date:
WELD COUNTY:
ATTEST: ,,„) G' n••► BOARD OF COUNTY COMMISSIONERS
Weld •un Clerk to the Boa WELD COUNTY, COLORADO
By:
Deputy Cle I to t e Boa
Approved as to Form:
County Attorney
Controller
Moreno, Chair JUL 2 8 2021
pproved as to Substance:
Department H
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