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HomeMy WebLinkAbout24-05 Approving Agreement for Municipal Jail Services Weld County 01-10-2024RESOLUTION NO. 2405 A RESOLUTION OF TH BOARD OF I RI. TRUSTEES OF TIE TOWN OF FIRES lTONE, C OLORADO APPRO%ING tN AGREEMENT I' OR MUNICIPAL JAIL SLI4 I ES BE FWEEN WELD COt NI'`NI'S ANDTHE TO'R'N OF FIRESTONE III RIB: S, in accordance with CRS. 291203 political subdivisions may cooperate er°ate or contract with one another to pros ide any function, service or facility lawfullyauthorized to each of the cooperating or contracting entities, and �jIII 1I:, the I"owa rat of Firestone t""I"own") does not have, nor does it desire to construct, operate and maintain a municipal jail; and IIIRI S, Weld County, with assistance of the \ eld ('ountySheriff s Department owns and operates a jail and in accord race with RS 1-15.4(11(1)(k) it may he used for the confinement and punishment of`municipal offenders subject to conditions imposed by, law and with the consent of Feld ("onty, and Ill RI AS, Weld C:'ounty° finding that use of its jail h 3 the town increases the efficiencies of both parties consents to the Io en's use O1 its jail subject to the terms and conditions set forth in an agreement between the parties. NO\\. 1111RI I (MU I31I"I" RIO! ') l3 '` "1"III BOAR!) 01 1RI S Ill. OI °l -1v1 "I °O N C11 1 IRI S I" )NI , `O1.,O1 ,IO "I he Agreement for Municipal Jail SersServices between geld C"c a rtyand the I "own of Firestone is approved in substantially the same foram as the copy attached hereto and made a part of this resolution and the May or is authorauthorized to execute the agreement on behalf'of the To n.. l INTRODUCED, RI A) N , I) P lID this day of January 2024. TOWN Orm IryIII NF;, (:'t)1,OR ..I)t) Drew Alan Peterson, May}or° Al!! T $` srIashcr, C.'Ier� 0 • yw "' o r • • s s e 1 Definitions • ei«ian i4iuiiji •. :... s ue.••• • •• . • • laMithmus 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 comm fled 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; An arrest warrant shall be accepted only if the arrest warrant (1) includes the actual and specific, (original) municipal ordinance description. ee g Failure to Appear/Speeding, Failure to Pay Fines Costs/`Disorderly Conduct ct etc) AND ( ) specifies the amount and type of bond to secure bail, such as: an amount of cash, b) an amount of cash or surety, c) personal recognizance after 24 or 48 hours, or d " old without Bond," Notice of the municipal arrest warrant service shall be made to the municipal court clerk by fax and/or email, or a mutually accepted alternative, within 4 hours. 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 Investigations' 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 A penalty assessment, summons and complaint or summons shall be accepted 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 presentA 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« s^ • u * w r i +► iii s i f1 ' !1 « • !► a N, "* ,w £1 • w DY It shall be the responsbthty of the County to accurately prepare for and accept bonds and related cash or surety documents set court appearances in accordance with municipal court schedules, 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 email the following work day, F It shall be the responsibility of the County to comply with C.R.S. I 7- 26109 and afford sentenced municipal offenders aeductions of time for his/her municipal court sentence in a manner consistent with sentenced County offenders, It shall be the responsibility of the County to determine sentenced municipal offender's eligibility and conditions for furlough consistent 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. 131O111 5,;s amended, and any standing orders issued by the municipal court pursuant to said statute. • •a a • • -• r.a a • • • • • 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 At attached hereto and incorporated herein by reference. Any 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 Correctionsinmates. 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 offenders 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, I;-, 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. D.. 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 Aa above. The County shall be reimbursed by the Municipality for Page 6 of 14 10 $ ar ♦ s '� s ii s Municipal Video Court Appearance technology is available to Municipality in the jailIf the Municipality wants to use this technology, the Municipality lity 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, The system shall be available at scheduled times barring system failure. Appearance at the facility in the North Jail ComplexUpon 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, t a onsibilit for e of 'ooeedin , 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: The Municipality and its representatives shall not be deemed to assume any liability for intentional or negligent actserrors or omissions of the County or the representatives thereof, arising out of the housing of any municipal offender pursuant to this Agreement. 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.. 1 a 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. t . Io Third Fart eneficia 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 enforcementshall 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 Page 8 of 14 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. 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, 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 parbes 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. yerjjy s s - • a► • s 16 Governmental Immuni a No term or condition of this Agreement shall by either party 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, C .R , 2 - 1O1O1 et seq., as applicable now or hereafter amended. 17 Board of fount Cornnrissioners of veld CotA rovsl. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. t , Acnowled *neat. 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 WHEREOF, the parties hereto have igned and executed this Agreement this_I_0 day of _, 20 BOARD OF COUNTY COMMISSIONERS OF WELD COUNT`; -f 0 D� By: Kevin 0. Ross, Chair APR 0 8 2024 ATTEST: TOWN OF FIRESTONE COLORADO By: Drevu Alan Peterson Title: lA rxq C11" Mayor./ ATTEST: By: Kristi Bashor, CMC Town Clerk APPRO EDAS M: William P. Hayash , wn Attorney Page 10 of 14 0bJ'/ ,,7r9 i M Until further notice is received , the Municipabty's Agreement Monitor shall be ter Bvd M e t a t `srestcar F lr e rtrr erat AttttressIWFikPvt ldi srhtesIoa sorad 0L14 Ft ate3tt3-833- B8 # 1 xt 37it 2. Until further notice ireceived, the County's Contact Person shall be Rosanna Soto, Office Manager Administrative i i i to Weld County Sheriffs Office 1950 O Street Greeley, CO80631 Telephone : (970) 4002804 s •m ar w s s aer 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 calla nursing coverage, regular on -site physician visits, routine Xrays 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'municil 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 offenders on -site at the Weld County Jail by the Weld County Jail health care providers 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 eluipment, 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 offsite care is required for municipal offenders housed at the Weld County Jail. Extraordinary medical expenses shall be reimbursed by the Municipality provided: 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. » i,»<«,»» «»<° © ® © :<■ 7a: y »:& °# «: Page 13 of \4 SCHEDULE C Any notice to the Municipality provided for in this Agreement shall be sent to the Agreement Monitor at NAME uty t8y 13o i.r Address M.PaA1t c d fr a e 04 J- 11.: xt 2 Any notice to the County provided for in this Agreerrent shall be sent t b Board of Weld County Commissioners P, , Box 758 Greeley C . 80632-D758 Telephone (970) 356-4000 Ext, 4225 With a copy t Rosanne Soto, Office Manager Administrative Division Weld County Sheriffs Office 1950 O Street Greeley, CO 80631 Telephone . (970) 4002804 Bid)rrca C OC Controller Department of Carr ti s Cvntrtilrer's t ffic r.ahon City, C.: 7 $121 :,.1 a10 r 1.27.11tH May 1 111 20123 gear Sheriff: "this i to notify you that the State General Assembly passed I e Lire Lill 23-21 ) which stipulates the rate of payment It cc asnty tails for holding backlogged inmat es, The r: to for fiscal year 202'f2024 (July 1, 20 3 to 2 ii e 3C1r 2024) ` . s pa r inmate per day, The rate an increase over the current fiscal year l "Y 20122-2023) Please realize that the new rate is effective dnty for the billable day boqibeginning July 1: 2023. Arty t illstrle nays frrr June 3 i. 2023 car prior roust be billed at the frarrtr r rata caf $10.61 As irw the past, srlch reimbursements is will raegin r 2 heirs after the date of sentence, as recorded on the nrittir rus, To ens re timely pymer4 of yo r Cilling° r please submit you ravoms e Colorado L epartrrlent cat' Corrections General cc riarrtinc Office Attn Jillffyres .CJ f1x 1 rJ t tt anon ity, C 1 5-101 To rot tact r s regarding y tar rr t ices Tease Ii 269-4022, r e •rrrail tilt hyr sriftais co.tas7 Co res i1 't to rather 1CJC offices s to be addressed It s It it on Tif that office car unit evenif the P.C.. Sax e the same. I ank yTi for your cooperat on, Sincerely, )art crir� Citavxrrcar` cr�>s `"�rtx`� St`�rra.rG rN�casra°� ri�rc�rfa�