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Home My WebLink About20193580.tiffRESOLUTION RE: APPROVE AGREEMENT FOR MUNICIPAL JAIL SERVICES AND AUTHORIZE CHAIR TO SIGN - CITY OF DACONO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for 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 Weld County Sheriff's Office, and the City of Dacono Police Department, commencing upon full execution of signatures, and ending January 30, 2024, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for 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 Weld County Sheriff's Office, and the City of Dacono Police Department, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of August, A.D., 2019. BOARD OF COUNTY COMMISSIONERS ,�,/ W LD COUNTY, COLORADO dgfavij`ATTEST: do-o1Z rbara Kirkmeyer,)Chair Weld County Clerk to the Board BY: APP Deputy Clerk to the Board otty Attor ey Date of signature: Oc</14/I EXCUSED Mike Freeman, Pro-Tem Conway t'K. James Steve Moreno 2019-3580 SO0040 OA OF COUNTY C MMISSIONERS PAS -AR dUN 1- REVIEW PASS -AROUND TITLE: Proposed language change to the agreement between City of Dacono and Weld County for Municipal Jail Services DEPARTMEN T: Sheriffs Office DATE: 6/24/2019 PERSON REQUESTING; Sonja Kohlgraf, SD. Budget Manager i?ei ynAAtenDe,#/ 74o% SW.AY l..f.... �^h04001,,P/.W{KW/N. Brief description of the problemfissue: The City of Dacono revised the standard contract template for utilization of the Weld County jail agreement by adding: the fifth recital (2018 Agreement, p. 1) the references to the Statute an Section 2(C)(II) regarding arrest warrants (201 S Agreement, pp. 2-3) the reference to the Statute in Section 3(C) (2018 Agreement, p. 4) the reference to the Statute in Section 3(H) (2018 Agreement, p. 5). These changes have been reviewed by County Attorney Bob Choate and the Detentions Command staff for content and accuracy and they recommend moving forward. What options exist for the Board? (include consequences, p cts, c .sts, etc. of options): 1) Approve the additions to the contract. 2) Schedule a Work Session to discuss options. 3) Deny the contract. This could open up liabilities to the County with Dacono utilizing the Weld County Jail. ecommendtim The Sheriff's Office asks that the Board approve the contract changes. AYroe �.m; lotion Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara ICirkmeyer, Chair Steve Moreno Schedule Work Session aWaremeendonnemaaiwtorfrazwavasswmosgsvm thr/Cmmnts: �H,�NeAr s�.N.,ew..w�-r 2019-3580 Karla Ford From: Sent: To: Cc: Subject: Good with it - thank you, Sam! ** Sent from my iPhone ** Scott James Tuesday, June 25, 2019 7:31 PM Mike Freeman Barbara Kirkmeyer, Sam Kaneta III; Karla Ford; Sean Conway; Steve Moreno; Sonja Kohlgraf; Jennifer Oftelie; Donnie Patch; Steven Reams; Don Warden Re: Dacono contract Scott K. James Weld County Commissioner, District 2 1.;1.50 O Street, P.O: Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970. 1.74-z.;):6 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited On Jun 25, 2019, at 6:59 PM, Mike Freeman <mfreemarweldgov.co> wrote: Agree Sent from my iPhone On Jun 25, 2019, at 6:50 PM, Barbara Kirkmeyercbkirknever@weidgov.com>wrote: Thanks Sam for the prompt response and thorough answers! Karla - I'm good with putting on our agenda Barb Sent from my iPhone On Jun 25, 2019, at 3:28 PM, Sam Kaneta III <skatieta@weld_Eov.com> wrote: All, Here's the response to the additional questions regarding Dacono's proposed contract changes for Municipal Jail Services with Weld County. • The changes are the result of Dacono's vetting through their legal team and discovering some modifications from previous versions. Their attorney found that specific language was 1 Karla Ford Fro..,.,,. Sent: To: Subject: Yes, Sorry I did not response earlier Thanks, Steve Moreno Weld County Commissioner At Large 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-336-7204 Ext. 4207 Fax: 970-336-7233 Email: srnorerio Pz co.eid.co.us Website: www.co.weld.co.us Steve Moreno Wednesday, June 26, 2019 10:20 AM Karla Ford RE: Dacono contract Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From; Karla Ford Sent: Wednesday, June 26, 2019 10:19 AM To: Steve Moreno <smoreno@weldgov.com> Subject: FW: Dacono contract Importance: High Were you ok with Captain Kaneta's reponse below as well? This is for the pass around from yesterday. Please advise if you approve recommendation Thank you! Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :; kford@weldgov.com :: www.weldgov,com My working hours are Monday -Thursday 7:00a.m.-4:00 p.m. Friday 7:00a.m. - Noon 1 Dacono POLICE DEPARTMENT 5'7 Cherry Avenue Past Office Box iR Dacono Colorado 80514 Office 393 533 3095 1, Fax 303.833.0534 I C ryofCacono cam May 7, 2019 Board of County Commissioners County of Weld PO Box 758 Greeley, CO 80632 RE: Requested Changes to 2019 Agreement for Municipal Jail Services This memorandum is to request minor but important changes to the draft 2019 Agreement for Municipal Jail Services ("2019 Agreement") received from Weld County ("County") by the City of Dacono ("Dacono" or "City"). In comparing the 2019 Agreement with the 2018 Agreement for Municipal Jail Services executed between the County and Dacono ("2018 Agreement"), the Dacono City Attorney's Office discovered that the provisions concerning the noticing requirements of C.R.S. § 13-10- 111.5 (the "Statute") had been removed from the 2019 Agreement. The removed provisions include the fifth recital (2018 Agreement, p. 1), the references to the Statute in Section 2(C)(II) regarding arrest warrants (2018 Agreement, pp. 2-3), the reference to the Statute in Section 3(C) (2018 Agreement, p. 4), and the reference to the Statute in Section 3(H) (2018 Agreement, p. 5). For convenience of reference, the 2018 Agreement is attached to this memorandum (1St Attachment). The City requests that the above -referenced provisions be added back into the 2019 Agreement because the City and County are required to comply with the noticing requirements of the Statute. Additionally, the last sentence of the second paragraph of Section 2(C)(II) of the 2019 Agreement states: "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." That statement is untrue unless the provisions concerning the Statute are added back in. As such, the Dacono City Attorney's Office has added the above -referenced provisions to the 2019 Agreement in the attached redlined draft (2nd Attachment). Additionally, the City understands that the 2019 Agreement is intended to supersede and replace the 2018 Agreement to update the per diem rate paid by the City and to make other minor, miscellaneous changes. Therefore, the Dacono City Attorney's Office has added some additional language to the recitals and to Section 14 in the attached redlined draft to clarify that the 2019 Agreement is intended to supersede the 2018 Agreement. 1 The City requests that the Weld County Board of County Commissioners accept the changes in the attached redlined draft for compliance with the Statute and to ensure it is clear that the 2019 Agreement supersedes and replaces the 2018 Agreement. Upon the County's acceptance of the City's requested changes, City staff will present the 2019 Agreement to the Dacono City Council for approval. Thank you for your attention to this matter. If you have questions, please contact Nick Cotton - Baez in the Dacono City Attorney's Office at 303-298-1601, ext. 214. Sincerely, City of Dacono, Colorado By: 2 Brian Skaggs, Chief of Police ,r,eq 6/O e opoovpf ? AGREEMENT FOR MUNICIPAL JAIL SERVICES BETWEEN WELD COUNTY AND CITY OF DACONO This agreement is made this _ / , day of , 2019, by and between the Municipality of Dacono hereinafter r erred to as the "Municipality"; and the County of Weld, a body corporate and political subdivision of the State of Colorado, through its Board of County Commissioners, 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 31-15-401 (1) (k), C.R.S., the Municipality, with the consent of the board of Weld County Commissioners, may use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law; 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, County and Municipality agree to comply with C.R.S. 13-10- 111.5, and WHEREAS, this Agreement is intended to supersede and replace that certain Agreement for Municipal Jail Services Between Weld County and City of Dacono, dated June 11, 2018; and WHEREAS, in order to set forth clearly the responsibilities, obligations, powers and rights of each of the parties, the Municipality and the County hereby enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows: 1. Definitions A. Municipal Offender(s) — As used in this agreement, the term Municipal Offender(s) shall mean offenders placed with the County nursuant to this contract. QZO/ q, jab 6) Page 1 of 14 5 OO O B. Municipal Court — the duly designated judicial entity of the Municipality. 2. Conditions for Acceptance of Municipal Offender(s) The following conditions must be met before a municipal offender will be accepted for commitment or placement at the Weld County Jail ("Jail"): A. The offender(s): I. Must be an adult, 18 years of age or older. II. Must be without serious medical and/or mental health issues, as determined by the Weld County Jail Medical Services Provider, including, but not limited to, communicable infectious disease. III. Identity must be reasonably established. B. The Pre -booking documentation must be completed as required by the Jail and include, but not be limited to: I. The actual and specific description of the municipal ordinance violation; or II. The actual and specific description of the original municipal ordinance violation, if the booking results from a municipal arrest warrant for failure to appear, comply, complete conditions, or pay, or is a municipal mittimus order. C. One of the following forms of documentation from the Municipality must accompany the offender or be provided to the County prior to the offender being accepted and booked at 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/or electronic home detention if they meet the minimum acceptance criteria for such jail alternative program and if space is available. II. Arrest Warrant An arrest warrant shall be accepted only if the arrest warrant: (1) includes the actual and specific, (original) municipal ordinance description, (e.g. Failure to Appear/Speeding, Failure to Pay Fines & 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) personal recognizance after 24 or 48 hours, or d) "Hold without Bond." Notice of the municipal arrest warrant service shall be made to the Page 2 of 14 municipal court clerk by fax or email address, or a mutually accepted alternative, within four hours pursuant to C.R.S. 13-10- 111.5. The Municipality shall provide the municipal clerk's fax number to the County at the time of the execution of this Agreement. 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 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 or Summons & Compliant 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 (3) above 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. D. The municipality shall provide the County with an Annual Court Appearance Schedule. The Municipality agrees to comply with the policies and procedures of the Jail and Weld County Sheriffs Department, unless specifically altered in this agreement. 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, trial, or duly sentenced to imprisonment in the Jail upon conviction for any contempt, misconduct, or for any violation of municipal ordinance. The County shall not release the offender from jail, on bail or otherwise, except by lawful authority and/or pursuant to the provisions of this Agreement. Page 3 of 14 B. It shall be the responsibility of the County to make 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 24-73-302 (2). Ten -print fingerprint cards will be electronically sent to the Colorado Bureau of Investigation when the actual and specific 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 by 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. The jail shall notify the Municipal Court of the Municipal hold within four hours in pursuant to CRS 13-10-111.5. 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 to the municipal clerk or mail said documents to the municipal clerk via 1st class mail the following work 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 the Jail Inmate Services Unit Classification staff. F It shall be the responsibility of the County to comply with Colorado Revised Statutes 17-26-109 and afford sentenced municipal offenders deductions of time for his/her municipal court sentence in a manner consistent with sentenced County offenders. G. It shall be the responsibility of the County to determine sentenced municipal offender's eligibility and conditions for furlough consistent Page 4 of 14 with sentenced County offenders. The County shall notify the municipal court of any municipal offender furlough. H. It shall be the responsibility of the County to comply with the provisions of C.R.S. 13-10-111.5, as amended, and the "Standing Order" issued by the Municipal Court pursuant to that statute. 4. Duration of Agreement This Agreement shall be effective upon final execution by the appropriate officers of both parties on the date first set forth above, and shall continue through January 30th, 2024, and shall be automatically renewable year to year for up to 5 years from final execution unless sooner terminated by notice from either party in accordance with Section 5 of this Agreement. It is further understood and agreed that the obligations of the Municipality as set forth herein shall be subject to annual appropriation. Nothing herein shall be deemed a multiple fiscal -year obligation in violation of Article X, Section 20 of the Colorado Constitution. At the time this Agreement is terminated, the Municipality shall retake all Municipal offenders. 5. Termination of Agreement 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 Section 4 & 5 set forth herein, the County has the authority to release, on an emergency basis, those municipal offenders when the County deems such release is 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 & time released, and the basis for release due to exigent circumstances. 7. Agreement Monitor In order to administer this Agreement 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 10 days advance written notice to the County's Contact Person. Page 5 of 14 8. County Contact Person In order to administer this Agreement effectively, the Sheriff or his/her designee shall act as the County's Contact Person. 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 10 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 the Municipality's offenders, pursuant to the terms of this Agreement shall be fixed and reimbursed at the per offender per day rate set in the previous year by the Joint Budget Committee of the Colorado General Assembly for reimbursement to Colorado counties for holding backlogged Department of Corrections' inmates. Said rate shall begin July 1 of the year following the setting of the rate and continuing to and until June 30 of said year. The Municipality shall reimburse the County for the day the Municipality's offender is delivered and for every subsequent day that the Municipality's offender is assigned to the Weld County Jail, but not the day that the Municipality's offender is released from the Weld County Jail due to completion of 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 (4) hours, the Municipality shall pay the County one half of the Per Diem rate set forth in paragraph A, above. C. If the 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 Per Diem rate per offender as provided in paragraph A, above. The County shall be reimbursed by the Municipality for the costs of extra ordinary health care services, as further defined in Schedule -B. Page 6 of 14 E. 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 reimbursement by the fixed rate per offender per day as provided by subparagraphs A. and B. of Section 9 of this Agreement. The County shall be reimbursed separately by the Municipality for these costs. F. The Municipality shall be billed monthly by the County for the rates set forth in Section 9 subparagraphs A, B, & C of this Agreement. Payment shall be made within 30 days of 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 Agreement within 30 days of receipt of the County's invoice. 10. Transportation Transportation of offenders in custody for violation of a Municipal Ordinance is the sole responsibility of the Municipality. If the Municipality and County have entered into a separate agreement for law enforcement services, then transportation of offenders in custody for violation of a Municipal Ordinance shall take place in accordance with the provisions of said agreement and all costs incurred by the County in the course of providing such transportation on behalf of the Municipality shall be paid by the Municipality as provided therein. A. Municipal Video Court Appearance technology is available to Municipality in the jail. If the Municipality wants to use this technology, t h e Municipality will work closely with the Weld County Sheriff Office and Weld County Information Technology to identify system minimums and requirements for the Municipality to include hardware, software and network configurations. The Municipality understands and agrees that identified system minimums and requirements, hardware, software, network configurations, labor and installation, and post installation connectivity troubleshooting of the Municipality's Video Court is not the responsibility of the County. B. The Municipality shall provide, in advance, the Municipality Court docket to the Sheriffs Office. T h e Municipality shall be responsible to provide a Municipality Bailiff to transport, escort, and provide security for Municipality Offenders to Municipal Video Court Appearance at the facility in the North Jail Complex. Upon completion of Municipality Video Court, the Municipality Bailiff shall transport and escort Municipality Offenders back to a designated area within the North Jail Complex determined by the County. Page 7 of 14 11. Responsibility for Legal Proceedings A. The Municipality shall be responsible for defending itself and its officers and employees in any civil action brought against the Municipality, its officers and employees by any municipal offender in the physical custody of the County. B. The County shall be responsible for defending itself, its deputies and employees in any civil action brought against the County, its officers and employees by any municipal offender in the physical custody of the County. C. The Municipality and its representatives shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or the representatives thereof, arising out of the housing of any municipal offender pursuant to this Agreement. D. The County and its representatives shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the Municipality or the representatives thereof, arising out of the housing of any municipal offender pursuant to this Agreement. 12. Notices Any notices provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, prepaid postage at the address 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 deemed 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. 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, Page 8 of 14 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 of Contract 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, including that certain Agreement for Municipal Jail Services Between Weld County and City of Dacono, dated June 11, 2018. No modification, amendment, revocation, renewal or other altercation of/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 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 expressed or implied, shall not constitute 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. 16. Governmental Immunity. No term or condition of this contract 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. 17. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 18. Acknowledgment. County and Municipality acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Schedules A -C, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. Page 9 of 14 IN WITNESS WH fjOF, the p .es hereto have signed and executed this Agreement this 77P day of 20M. BOARD OF COUNTY COMMISSIONERS OF WLD COUNTY, COLORADO By Barbara Kirkmey rte, Chair AUG ATTES ' : .daa: ' Municip By: Title: ATTEST: By: 72/le) Page 10 of 14 020/ 9-0 o C� AGREEMENT FOR MUNICIPAL JAIL SERVICES SCHEDULE A 1 Until further notice is received, the Municipality's Agreement Monitor shall be: Name Brian Skaggs Municipality City of Dacono Address 1 PO Box 117 Address 2 Dacono, CO 80514 Phone 303-833-3095 2. Until further notice is received, the County's Contact Person shall be: Rosanna Soto, Office Manager Administrative Division Weld County Sheriffs Office 1950 O Street Greeley, CO 80631 Telephone: (970) 400-2804 Page 11 of 14 AGREEMENT FOR MUNICIPAL JAIL SERVICES 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 o f 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 offenders 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; 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. Page 12 of 14 In cases where the Weld County Jail health care provider has determined that extraordinary care must be provided prior to obtaining the Agreement Monitor's consent, the Weld County health care provider shall notify the Agreement Monitor as soon as practicable, but no later than 8 hours after the rendering of care. Page 13 of 14 AGREEMENT FOR MUNICIPAL JAIL SERVICES SCHEDULE C 1. Any notice to the Municipality provided for in this Agreement shall be sent to the Agreement Monitor at: Name Brian Skaggs Municipality City of Dacono Address 1 PO Box 117 Address 2 Dacono, CO 80514 Phone 303-833-3095 2. Any notice to the County provided for in this Agreement shall be sent to: Board of Weld County Commissioners P.O. Box 758 Greeley Co. 80632-D758 Telephone: (970) 356-4000 Ext. 4225 With a copy to: Rosanne Soto, Office Manager Administrative Division Weld County Sheriff's Office 1950 O Street Greeley, CO 80631 Telephone: (970) 400-2804 Page 14 of 14 Contract Form New Contract Requ Entity Name* CITY OF DACONO Entity ID* 1849 Contract Name* ❑ New Entity? Contract ID Parent Contract ID MUNICIPAL JAIL SERVICES AGREEMENT BETWEEN WELD 2940 COUNTY AND TOWN OF DACONO Contract Status CTB REVIEW Contract Lead* SKANETA Contract Lead Email skaneta@co.weld.co.us co. us Requires Board Approval YES De Contract Description* WELD COUNTY JAIL SERVICES PROVIDED TO WELD COUNTY MUNICIPALITIES (REVISED LANGUAGE AS OF 2019); Contract Description 2 RATE OF REIMBURSEMENT IS SET BY THE JOINT BUDGET COMMITTEE OF THE COLORADO GENERAL ASSEMBLY FOR REIMBURSEMNT TO CO COUNTIES FOR HOLDING BACKLOGGED DEPT OF CORRECTIONS' INMATES Contract Type* AGREEMENT Amount * $0.00 Renewable* YES Automatic Renewal YES Grant Department SHERIFF Department Email CM-Sheriff@weldgov.com Department Head Email CM-Sheriff- DeptHead at'v}weldgov.corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY@WELD GOV COM Requested BOCC Agenda Date* 08/07/2019 Due Date 08103/2019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO if this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Review Date* 10/02/2023 Committed Del Renewal Date* 0 1130/2024 Expiration Date Tyler Ref # AG 080719 p� at t'ruc'e De ent ©ONNIE PATCH DH Approved Date 07/29/2019 C BOCC Signed Date BOCC Agenda Date 08/07/2019 Originator SKOHLGRAF Contact Type Contact Email Contact Phone I Contact Phone 2 Finance Approver B CONNOLLY Finance Approved Date 07/30/2019 Legal Counsel BOB CHOATE Legal Counsel 08/02/2019 Hello