HomeMy WebLinkAboutStudy Session Agenda Packet 12-04-17
STUDY SESSION AGENDA
CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO December 4, 2017
6:30 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information
Officer 303-235-2877 at least one week in advance of a meeting if you are
interested in participating and need inclusion assistance.
Citizen Comment on Agenda Items
1. Staff Report(s)
2. Family Justice Center Presentation
3. Cultural Vision – Cultural Commission
4. Withdrawal Management Services- MOU
5. Elected Officials’ Report(s)
ADJOURNMENT
Memorandum
TO: Mayor Bud Starker and City Council THROUGH: Patrick Goff, City Manager
FROM: Daniel Brennan, Chief of Police DATE: December 4, 2017 SUBJECT: Family Justice Center
The First Judicial District Attorney’s Office, under the direction of District Attorney Pete Weir,
is pursuing the goal of opening a Family Justice Center in Jefferson County. The concept of a
family justice center is to locate multi-disciplinary services in one location for victims of domestic violence, sexual assault, elder abuse, human trafficking, and other forms of violence. There are approximately 130 Family Justice Centers located throughout the nation, including the Rose Andom Center in Denver.
The need for a Family Justice Center is real. In Jefferson County today, these types of crimes often involve multiple service providers who try to provide services to victims. These service providers include law enforcement, victim advocates, medical service providers, human services, counselors and therapists, non-profit providers, and the prosecutor to name a few. The disparity
of the system means victims often have to tell their story many times over and while it looks
different for each victim, there is a significant burden placed on victims and their children due to the current model of providing services. Studies show that the current model is overwhelming for victims; resulting in victims withdrawing from the process of seeking justice and assistance and oftentimes returning back to an abusive relationship.
The First Judicial District Attorney’s Office has begun the process to explore and create a Family Justice Center in Jefferson County. The D.A.’s Office has reached out to the Family Justice Center Alliance, a group of national experts who have helped over 70 communities create Family Justice Centers, based on the needs of each community. A community meeting was held on July
26, 2017, followed by a meeting with law enforcement. The D.A.’s Office has been meeting
with community groups, non-profits, and government leaders on this concept and seeking support for this approach. An Executive Committee and a Steering Committee have been formed, and staff from the Police Department are participating in these groups.
Assistant District Attorney Michael Dougherty and Senior Deputy District Attorney Candace
Cooledge will provide City Council with an overview of the Family Justice Center Concept. I have attached a copy of the PowerPoint presentation for your information.
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Memorandum
TO: Mayor and City Council THROUGH: Patrick Goff, City Manager
FROM: Joyce Manwaring, Parks and Recreation Director DATE: December 4, 2017 SUBJECT: Cultural Commission – Cultural Vision Presentation
The Wheat Ridge Cultural Commission is appointed by the City Council and charged primarily
with promoting and fostering cultural arts in the City. With these duties in mind, the Commission
recognized that it needs to become a true steward and advocate of cultural arts. The Commission held two special work sessions in May and June to begin developing a cultural vision for the City. In addition, the Commission conducted a community survey in March and
April to determine the level of support for and awareness of cultural activity in Wheat Ridge.
At the August 21 Study Session, Diane Robb, Chairperson of the Commission, presented a summary of the Commission’s work to date and to seek input from the Mayor and City Council regarding development of a Cultural Vision for the City.
At this meeting, City Council direction by consensus was to move forward with developing the Cultural Vison. Attached is the Wheat Ridge Cultural Vision for City Council approval.
Diane Robb, Chairperson of the Commission will be in attendance at the meeting to present the Vision and answer questions.
1
City of Wheat Ridge
Cultural Commission
Cultural Vision
Cultural Arts play a vital role in the economic and aesthetic development and viability of a
community. Therefore, Wheat Ridge aspires to become a city where the arts are an integral part
of its cultural fabric. Public art and other cultural activities will reflect the eclectic and diverse
personality of the city, and artistic elements and expression throughout its neighborhoods will be
encouraged.
The guiding principles of the Cultural Vision shall be:
• Recognized as relevant to the community, because Cultural Arts bring value to the
lives of our residents and are a reason to live, visit and do business in Wheat
Ridge
• Unified through such things as cross-promotion of activities and venues within
the city, a community-wide calendar of cultural events, and branding by
common banner or plaque that designates the activity or site as part of “Wheat
Ridge Cultural Arts.”
• Professional, in the sense that there is a commitment at all levels of government as
well as by local business and organizations to support Cultural Arts as a part of
what makes Wheat Ridge thrive.
• Supported by the City Council, other city entities, businesses and community, and
naturally be a part of the conversation when decisions regarding the
development, direction and activities of Wheat Ridge are made.
This will be accomplished through:
• Encouraging both public and private partnerships
• Providing, supporting and encouraging diverse arts and cultural activities
• Incorporating artistic elements in the design and function of new and renovated
buildings, facilities and parks
• Enhancing the visual appearance of the city
• Empowering, enriching and inspiring the creative nature of our residents and
visitors
• Encouraging the incorporation of public art in private spaces
To achieve this goal, the Cultural Commissioners will continue to refine the Cultural
Vision and work on the following activities as a regular agenda item during their
monthly meetings.
ATTACHMENT 1
2
1. Develop a Cultural Resource Inventory and Online Resource Network
SCOPE: The Cultural Commission aims to have Cultural Arts become more visible on
the City website. To that end, the Commissioners will develop content for the Cultural
Arts page and make recommendations on the placement and links to be included
within the City’s website. The content will include, but not be limited to
• Public Art - locations, photos, and artist information
• Events - Cultural events open to the public
• Community artists who have been involved in Cultural Commission events
(Meet the Artist, Studio Tour, etc.)
• Organizations that create, produce and/or preserve Cultural Arts
• Winners of Cultural Commission Business Award and the award criteria
• Wheat Ridge Reads authors and their books
• Businesses and partners that are supportive of Meet the Artist and other CC
events
• Cultural Vision, Vision statement and other documents, such as the Public Art
Management Plan
• Contact information and a call to get involved
• Links to other resources and partners
2. Create Partnerships Within the Community to Support Cultural Arts
SCOPE: Integrate the Cultural Vision throughout the community by working with
businesses, city staff and elected individuals, area artists and cultural entities in a
variety of ways, including:
• Soliciting matching funds for public art (needs to go through the public art
process)
• Partnering with and encouraging other organizations that produce events, such
as Local Works, Folk Arts Council, and the Carnation Festival to bring more
Cultural Art to local events (e.g., the chalk art at Ridgefest)
• Working with the city staff on the development of a Cultural Vision handout to
include with other city information that goes to a developer and new business
• Encouraging local business to erect their own art that is accessible to the public
• Developing a relationship with the city staff, including parks and recreation, and
public affairs to find out how can we help them understand and promote
Cultural Arts in their roles as city employees
• Working with Jefferson County arts group on their current Plein Air program
3
3. Educate Community and Stakeholders
SCOPE: With a refined statement and professional presentation, the Cultural Vision can
be proudly shared with the community so that it may be embraced by all. This will be
accomplished through
• Professionally created brochure(s), in collaboration with City Staff, to hand out to
developers, businesses, and community groups, etc. These handouts will be
utilizing the city logo and approved by the City.
• A continued Cultural Commission presence at Ridgefest
• Meetings with the Wheat Ridge Business Association, the Chamber of Commerce
and Local Works
• Posting of cultural events on community calendars
• The activities of other stakeholders, such as the Historical Society, local chorales
and theaters, to be posted on Wheat Ridge Cultural Events Facebook page, which
is managed by members of the Cultural Commission
• Attendance of Cultural Commission members at fraternal organizations and
other community groups’ meetings to discuss the vision and cultural activities
• Asking community members to become part of our contact list to be alerted to
cultural events and opportunities
4. Identify Cultural Arts Opportunities
SCOPE: Identify public and private venues, activities and works that qualify as Cultural
Arts, as well as those that can have the potential to be developed as such and help
nurture and promote them. Such opportunities include
• Encouraging public art in private venues
• Developing an “Art on Loan” program with private venues
• Encouraging murals on outdoor walls
• Creating a walkable art path within city limits
• Identifying artists who want to perform or exhibit in public venues
• Providing logistical support for cultural activities
5. Install More Public Art Throughout the City
SCOPE: Now that the Public Art fund has funds, the Cultural Commission will review
and prioritize potential locations for Public Art, and following the Public Arts
Management Plan processes, encourage and recommend the soliciting and selecting of
Public Art for these locations.
4
6. Foster Cultural Arts Growth
SCOPE: Instead of organizing events, the Cultural Commission will serve as a medium
for Cultural Arts in the community by providing support, information and networking.
This will be done in various ways, such as:
• Acting as facilitator in connecting artists and performers with potential sponsors
or venues
• Welcoming new art venues, or potential venues, to the community
• Helping with logistics for events, such as Chalk Arts or Studio Tours
• Publishing an online calendar of events
• Partnering with the schools and other public venues on Cultural events, such as
Wheat Ridge Reads
• Investigating funding for an Artist in Residence program at the city or a school
Memorandum
TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: December 4, 2017
SUBJECT: Withdrawal Management Services MOU
ISSUE: The approval of a Memorandum of Understanding (MOU) Concerning Withdrawal Management Services by and between Jefferson Center for Mental Health (JCMH), Jefferson County, and the cities of Arvada, Edgewater, Golden, Lakewood, Wheat Ridge and Westminster.
BACKGROUND: In 1973, through a legislative declaration, the Colorado General Assembly found and declared that alcoholism and intoxication were matters of statewide concern. The General Assembly has appropriated funding annually to support medical detoxification in the Denver metropolitan area
since that time. Arapahoe House, a nonprofit health care organization and provider of treatment for
drug and alcohol addiction, had a contract with the state of Colorado to provide withdrawal management (detox) services at locations in Aurora, Commerce City and Wheat Ridge until June 30, 2017.
In late 2016, Arapahoe House announced it could no longer continue to provide detoxification
services because the detox program had for years operated at a loss and the nonprofit could no longer continue subsidizing the program while also continuing its more intensive treatment efforts. Arapahoe House released the following statement announcing the closure:
"With the implementation of the Affordable Care Act, Arapahoe House is now
operating in a complex, challenging health care environment. As a nonprofit
health care organization, we have an obligation to identify and provide the most effective forms of treatment, and to make smart choices about our resources in order to provide high quality treatment to the greatest number of individuals and
families in our community.
Like many health care organizations, we are confronted with difficult choices. Over the last several years, Arapahoe House has significantly subsidized our
detox program. We are not adequately reimbursed for the cost of this valuable
public safety net service and we can no longer sustain the gap in funding. We are
working as hard as we can to fill the gap – yet, regardless of that outcome, we will be closing all withdrawal management services on June 30, 2017 at the latest, and January 31, 2017 at the earliest.”
Through a partnership with Jefferson County, other Jefferson County municipalities and Jefferson
County hospitals, $259,000 was contributed to Arapahoe House to assist them in continuing detox
services through June 30, 2017. The City of Wheat Ridge’s contribution was $12,637 based on a percentage of total population. The Parties to this MOU decided it would be in the best interest of Jefferson County residents for
withdrawal management services to continue into the foreseeable future. Fortunately, JCMH agreed
to provide these services at the former Arapahoe House facility located at 4643 Wadsworth Boulevard in Wheat Ridge. JCMH officially took over these services from Arapahoe House at the end of June 2017 and has recently purchased the property. The MOU under consideration for approval was drafted to establish the funding obligations of the local government members and the
powers and obligations of JCMH.
FINANCIAL IMPACT: The City of Wheat Ridge contributed $12,637, based on a percentage of total Jefferson County population, in March 2017 to assist Arapahoe House in continuing detox services through June 30,
2017. If the MOU is approved by City Council, the City of Wheat Ridge will be obligated to pay
JCMH $30,100 in 2018 and beginning in 2019 the payment will increase annually by the percentage of growth shown in the Denver-Boulder-Greeley consumer price index. The 2018 budget includes the necessary funding for 2018.
ATTACHMENT:
1. Memorandum of Understanding Concerning Withdrawal Management Services
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MEMORANDUM OF UNDERSTANDING CONCERNING WITHDRAWAL MANAGEMENT SERVICES
THIS MEMORANDUM OF UNDERSTANDING (“MOU), dated
[________________________], is made by and between the following Parties (each,
individually, a “Party”):
A. Jefferson Center for Mental Health, a not-for-profit community mental health
organization serving Jefferson, Clear Creek and Gilpin counties (“JCMH”);
B. The County of Jefferson, State of Colorado, a body politic and corporate (the
“County”) ;
C. The City of Arvada, a municipal corporation (“Arvada”);
D. The City of Edgewater, a municipal corporation (“Edgewater”);
E. The City of Golden, a municipal corporation (“Golden”);
F. The City of Lakewood, a municipal corporation (“Lakewood”);
G. The City of Wheat Ridge, a municipal corporation (“Wheat Ridge”); and
H. The City of Westminster, a municipal corporation (“Westminster”).
RECITALS
A. Each participating Local Government Member, as defined herein, independently possesses the power and authority to ensure the health, safety and welfare of its residents.
B. For many years, the Local Government Members have each depended upon Arapahoe House, an Intoxication and Withdrawal Management Services Facility located at 4643
Wadsworth Boulevard, Wheat Ridge, Colorado, as the local provider of such services to residents
of the Local Government Members.
C. Arapahoe House ceased providing Intoxication and Withdrawal Management Services on June 30, 2017.
D. The Local Government Members have decided it would be in the best interest of
their residents for the Intoxication and Withdrawal Management Services to continue into the
foreseeable future.
E. JCMH has agreed to provide the Intoxication and Withdrawal Management Services at the existing Wheat Ridge, Colorado location.
F. The Parties agree that each Local Government Member should contribute to
funding the Intoxication and Withdrawal Management Services on an ongoing basis, as it
continues to be in the best interest of health, safety and welfare of their residents to administer the Services.
G. The Parties desire to establish this MOU to provide funding to JCMH, for continuation of the Intoxication and Withdrawal Management Services.
ATTACHMENT 1
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H. Establishment of this MOU will serve a public purpose and will promote the health,
safety and general welfare of inhabitants in and around Jefferson County.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Parties as follows:
I. DEFINITIONS:
As used in this MOU, the following terms are defined.
A. Facility shall mean the building and other appurtenances located at 4643
Wadsworth Boulevard, Wheat Ridge, Colorado, at which the Intoxication and Withdrawal
Management Services are and will be provided.
B. Fiscal year shall mean the calendar year, beginning with January 1 and ending with December 31.
C. Intoxication and Withdrawal Management Services, or Services shall mean the
following organized services, provided in an urgent care setting to both men and women in a
clinically-managed, social model, detoxification facility, delivered by appropriately trained and certified staff who provide a 24-hour, 7-day-per-week supervision, observation, and support for patients who are intoxicated or experiencing withdrawal, where the intoxication or withdrawal signs and symptoms are sufficiently severe to require 24-hour structure and support:
1. Intoxication management
2. Withdrawal management
3. Assessment of patients
4. Brief interventions for substance use disorders
5. Administration of Naloxone/Narcan for opiate overdose reversal
6. Case management, including outreach
7. Coordination of care with aftercare providers
8. Assistance to law enforcement in maintaining public safety by placement of these
individuals in a secure environment
9. Any additional services that are ancillary to the Services expressly identified herein
and not otherwise in contradiction with this MOU
10. Any additional Services that are authorized in writing by all of the Local
Government Members
D. Intoxication Management shall mean managing intoxicated individuals until they
are sober.
E. Local Government Member shall mean Jefferson County and the municipalities participating in this MOU.
F. Medical Screening Required Form shall mean ____________TBD___________ ______________________________________________________________________________
______________________________________________________________________________
-3-
G. Police Referral Screening Tool shall mean ____________TBD______________
______________________________________________________________________________
______________________________________________________________________________
II. POWERS AND OBLIGATIONS OF JCMH:
A. General Obligations and Standards of Care.
1. JCMH shall establish and maintain access to quality care in its provision of the
Services.
2. JCMH shall facilitate engagement in treatment of individuals entering the detoxification unit who have substance use disorder conditions, including those with severe substance use disorder.
3. JCMH shall prioritize improving health outcomes for individuals and the community.
JCMH will use all appropriate opportunities to provide immediate harm reduction, and
decrease undesirable utilization of emergency services. Ideally, the Services will include comprehensive community-based case management targeted at reducing harm and producing incremental improvement of overall health.
B. Facility Location. JCMH shall continue to operate the Facility at the Wheat Ridge,
Colorado location and/or such additional or alternate locations as agreed by the Parties. JCMH
shall provide a copy of the applicable lease agreement or purchase contract to any Local Government Member upon written request.
C. Intake and Screening. The Parties agree to implement preadmission and admission protocols, as set forth hereto as “Exhibit B,” which is incorporated by this reference.
D. Reporting Requirements.
1. Quarterly Report. JCMH shall compile data on the Services, and share that data with the Local Government Members on a quarterly basis, using the form attached hereto as “Exhibit A.”
2. Annual Report. Annually, on or before January 1 of each calendar year, JCMH
shall prepare and present to the Local Government Members a comprehensive
written annual report of Facility activities, income and expenses. The annual report shall also be produced upon request of any Local Government Member.
3. Reports required by law, regulation or contract. JCMH shall prepare and present such reports as may be required by law, regulation, or contract to any authorized
federal, state or local official to whom such report is required to be made in the
course and operation of the Facility.
4. Additional Reports requested by Local Government Members. JCMH will render to the Local Government Members, at reasonable intervals, such reports and
-4-
accountings as the Local Government Members may from time to time request and
as consented to by JCMH, which consent will not be unreasonably withheld.
E. Quality Assurance. Upon request, JCMH will participate in quality assurance meetings with one or more Local Government Members, with each party determining the personnel most appropriate to participate. Issues to be addressed include, at minimum, systematic and case specific issues. JCMH will track outcome data specific to service expertise, and provide
the Local Government Members with any available written reports on a quarterly and/or annual
basis. Upon request, JCMH will participate in reviewing JCMH’s clinical services documentation of the residents receiving Services from the MOU. JCMH will complete satisfaction and other surveys upon request from the Local Government Members.
F. Independent Contractor Relationship. The relationship between JCMH and the
Local Government Members shall be deemed as independent contractors. Neither JCMH, nor any
employees of JCMH, are, or shall be deemed, employees of any of the Local Government Members, and JCMH shall be solely responsible for all benefits and Workers’ Compensation Insurance coverages for all JCMH employees.
G. Nondiscrimination.
1. Services. The Services, amenities and programs at the Facility shall be made
available to all persons regardless of race, creed, sex, color, national origin or ancestry, religion, disability, age, sexual orientation, gender identity, military or veteran status, and any other basis prohibited by federal, state or local law.
2. Employment. JCMH shall not discriminate on the basis of race, creed, color,
national origin or ancestry, religion, age, sex, sexual orientation, gender identity,
disability, military or veteran status, or national origin against any employee or applicant with respect to: (i) hiring, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including
apprenticeship.
H. Use by Others. It is the intention of the Parties that the Facility will serve the Local Government Members and their residents and visitors present in Jefferson County. To the extent other government entities refer residents to the Facility, JCMH is permitted to provide the Services to such individuals, provided the referring government entity fully pays for the cost of such
individual services. The Local Government Members consent to JCMH setting and charging fees
for Services provided directly to individual persons not referred by Local Government Members and all such fees shall be uniform within classes of service. The Local Government Members further consent to JCMH invoicing non-parties for services provided, and details of such invoices and data shall be included in the quarterly reports to the Local Government Members.
I. Assignment. JCMH will not assign or otherwise transfer its obligations under this
Agreement without prior written consent of each and every participating Local Government Member.
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J. Compliance with Laws. JCMH shall comply with all federal, state and local laws,
including all local zoning and licensing requirements.
III. BUDGET AND FUNDING: A. Budget Process.
JCMH shall prepare a preliminary budget and submit it on or before March 31 of each year to
the Local Government Members for comment. The participating Local Government Members
shall submit comments on or before April 30 of that year. A final budget shall be submitted to each of the Local Government Members no later than May 31 of each year. B. Annual Funding. 1. In consideration of the satisfactory performance of the Services, the Local
Government Members shall pay JCMH $500,000 for each calendar year, in accordance with the following breakdown: a. Jefferson County will contribute $150,000. b. The remaining $350,000 shall be contributed pro rata based on the
contributing Local Government Members population within
Jefferson County, as shown in the table below. c. Local Government Members located partially within and partially without the territorial limits of Jefferson County, shall pay pro-rata based on the percentage in population of the Local Government
Member that is located within Jefferson County.
2. The amounts to be contributed by each Local Government Member for the 2018 calendar year are set forth below in “Table 1.” 3. The amounts to be contributed shall be computed and agreed upon among the Local Government Members by July 1 for the following fiscal year.
4. Beginning with the 2019 calendar year, the payment contribution required from
each Local Government Member shall be increased by the percentage of growth, as shown in the Denver-Boulder-Greeley consumer price index. 5. The population for each Local Government Member, as obtained from Denver Regional Council of Governments, as of the date of execution of this agreement, is
set forth in “Table 1.” The population of each Local Government Member will be
revised, and amount to be contributed recalculated on an annual basis. TABLE 1
Local Government Member Population (within Jefferson County) Percentage of Total Population $ Amount Contributed Jefferson County ---- ---- $150,000
City of Arvada 110,295 30.6 $107,100
City of Edgewater 5,315 1.5 $5,250 City of Golden 20,096 5.6 $19,600
City of Lakewood 149,666 41.5 $145,250
City of Wheat Ridge 31,108 8.6 $30,100
City of Westminster 43,842 12.2 $42,700
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C. Contributions of Non-Participating Local Governments. It is the intention that JCMH
will serve the participating Local Government Members and their residents. To the extent other non-participating local governments refer residents to the Facility, JCMH is permitted to do so, provided the referring local government entity fully pays for the cost of such individual services rendered. JCMH will invoice non-parties for services, and
details of such invoices and data should be included in the quarterly reports to the Local
Government Members.
D. Contributions of New Parties. In the event any new government entity subsequently joins this MOU, it shall be treated as a participating Local Government Member, and its share of the Annual Funding shall be computed, appropriated and paid pro rata, as set
forth herein. Furthermore, if a new Local Government Member is added after January 1,
it shall contribute the appropriate percentage of its pro rata share, based upon the percentage of months remaining in that calendar year. In the event that a new additional Local Government Member joins this MOU, the total Annual Funding amount shall remain the same, and each participating Local Government Member’s contribution shall
be recalculated and decreased by the amount of that new additional funding, on a pro
rata basis.
E. Additional Funding Sources. In addition to the contributions from the Local Government Members, JCMH will continue to obtain funding for the Services and Facility
from the Colorado Office of Behavioral Health (via the Managed Service Organizations),
Medicaid, hospital support, limited insurance, and client fees. Such funding will be reflected in the Annual Report, and in the Budget, as referenced in this MOU. If additional funding sources are obtained in any year, the total Local Government Member contributions will decrease by the amount of that additional funding, on a pro rata basis.
F. Payment.
1. JCMH shall invoice the Local Government Members annually, but no earlier than January 31 of each year, in accordance with “Table 1.” JCMH shall prepare the invoices at its sole cost and shall include sufficient detail as determined by the Local Government Members to enable the Local Government Members to verify the
appropriateness of the invoice. The Local Government Members shall pay each
invoice within 30 calendar days of receipt of an approved invoice. 2. Incorrect payments to JCMH due to omission, error, fraud, or defalcation may be recovered from JCMH by deduction for subsequent payments due to JCMH under this MOU and other agreements between the Local Government Members and
JCMH.
3. Address. Payments will be sent to JCMH at the following address: 70 Executive Center, 4851 Independence Street, Wheat Ridge, CO 80033-6715.
IV. INSURANCE AND LIABILITY:
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A. Insurance. JCMH shall obtain and maintain adequate liability insurance coverage
to protect against any and all claims and liabilities which may arise due to the activities, duties
and obligations conducted by JCMH at the Facility under this Agreement, including the work of any independent contractors, during the term of this MOU. The liability insurance policies shall be primary and non-contributory for such claims and shall not contain any “excess” or “other insurance” clauses which limit their primary coverages, shall name each of the Local Government
Members as additional insureds, and shall contain a waiver of subrogation in favor of the Local
Government Members. The liability policies shall not be terminated or cancelled without at least 60 days prior written notice to the Local Government Members. JCMH shall carry general liability, or combination of general liability and umbrella policies, and automobile liability insurance in accordance with the following stipulated limits:
For Liability: $1,000,000 per Occurrence/$3,000,000 Aggregate Bodily Injury &
Property Damage Combined Single Limit
For Automobile: $1,000,000 Bodily Injury & Property Damage Combined Single
Limit each Accident
Workers’ Compensation Insurance: JCMH shall provide Workers’ Compensation and
Employer’s Liability insurance in conformance with all Colorado statutory limits for all
persons employed by JCMH for the work to be performed under this MOU. Proof of Coverage: JCMH shall provide to the Local Government Members, upon request,
all required insurance policies, Certificates of Insurance and/or any endorsements necessary
to show that the insurance coverages required herein have been procured and are being
maintained. Certificates of Insurance shall provide that the insurance shall not be cancelled
or terminated during the term of this MOU, and that sixty (60) days’ notice shall be given the
Local Government Members prior to cancellation of policies.
Indemnification of Local Government Members: JCMH hereby agrees to defend, release
and indemnify each of the Local Government Members, and agrees to hold each of the Local
Government Members and its representatives and agents harmless for and on account of any
act or omission of the JCMH in the execution of its duties and obligations under this MOU as
specified herein, and this indemnification shall extend to and include Bodily Injury, Property
Damage or Personal Injury, including compensatory, economic, punitive or special damages
suffered by any person or entity in connection with this MOU. JCMH agrees to defend each
of the Local Government Members hereunder and indemnify each of the Local Government
Members, to include all court costs and attorney’s fees incurred in any defense required to be
undertaken by the Local Government Members as a result of the actions of JCMH under this
MOU. Each of the Local Government Members, its officers and employees shall be added to
JCMH’s general liability policy as Additional Insured as its interests may appear.
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Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the
Local Government Members of any of the protections afforded them by the Colorado
Governmental Immunity Act (C.R.S. §§ 24-10-101, et seq).
V. BOOKS AND RECORDS:
A. Recordkeeping. JCMH shall maintain adequate and correct accounts of its funds, properties, and business transactions as it relates to the Facility, which accounts shall be open to
inspection at any reasonable time by the Local Government Members and their attorneys or agents.
B. Annual Audit. JCMH shall conduct an annual audit after the end of each fiscal year. Such audit shall be conducted by one or more independent, certified public accountants, or registered accountants, or partnerships thereof, licensed to practice in the State of Colorado. JCMH shall tender a copy of each such audit to the Local Government Members, prior to January 1 of each year.
VI. TERM, RENEWAL AND TERMINATION:
A. Term and Renewal. This MOU shall be in full force and effect upon approval of all parties. This MOU shall automatically renew on January 1 of each calendar year, subject to the provisions of this Article.
B. Termination of Party Participation by Written Notice. Any Party’s
participation in this MOU may be terminated effective by written notice from that Party to all other Parties at least 180 days prior to January 1 of any given year. Any Local Government Member terminating its participation pursuant to this provision shall not be entitled to any reimbursement of its contributions previously paid to JCMH.
C. Termination of Local Government Member absent Required Notice. In the
event any Local Government Member elects to terminate its participation in this MOU not in accordance with this Article, such Local Government Member shall be considered in default and shall forfeit its entire contribution to JCMH for that year. Upon default, the defaulting Local Government Member shall forfeit all privileges and property it obtained as a result of its participation in this MOU. Should a defaulting Local Government Member seek at some later date
to participate again in this MOU, such Local Government Member shall be required to meet the requirements and contributions of any new Local Government Member seeking participation pursuant to the terms of this MOU.
D. Termination of Local Government Member for Non-Appropriation. Should
any Local Government Member fail to appropriate funds pursuant to its obligations set forth
herein, such Local Government Member shall be considered in default and be treated the same as under Section C of this Article.
E. Survival. Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of this MOU that require continued performance or
compliance beyond the termination or expiration of this MOU shall survive such termination or
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expiration and shall be enforceable against a Party if such Party fails to perform or comply with
such a term or condition.
VIII. GENERAL PROVISIONS:
A. Conflict of Interest. JCMH shall not knowingly perform any act that would conflict in any manner with the performances of the Services. JCMH certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct
or indirect, with any person or business that might result in a conflict of interest in the performance
of Services.
B. Amendment. This MOU may be amended at any time in writing by the unanimous agreement of the Parties.
C. Severability. If any provisions of this MOU or the application thereof to any Party
or circumstances is held invalid, such invalidity shall not affect other provisions or applications of
the MOU which can be given effect without the invalid provision or application, and to this end, the provisions of the MOU are declared to be severable.
D. Execution by Counterparts; Electronic Signatures. This MOU may be signed in counterparts, each counterpart shall be deemed an original, and all the counterparts taken as a
whole shall constitute one and the same instrument. The Parties approve the use of electronic
signatures for execution of this MOU. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to 121.
E. No Third Party Beneficiaries. Except as otherwise stated herein, this MOU is intended to describe the rights and responsibilities of and between the Parties and is not intended
to, and shall not be deemed to, confer rights upon any persons or entities not named as Parties,
limit in any way governmental immunity and other limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of any other entity not a Party. Nothing contained herein shall be deemed to create a partnership or joint venture between the Parties with respect to the subject matter hereof.
F. Supersedes and Replaces Prior Agreements. This MOU supersedes and replaces
all prior agreements amongst the Parties on the matters contained herein.
G. Officials Not to Benefit. No elected, appointed or employed member of any Local Government Member shall be paid or receive, directly or indirectly, any share or part of this MOU or any benefit that may arise therefrom.
H. TABOR compliance; No General Obligation Indebtedness. Because this MOU
may extend beyond the current fiscal year, all of the Parties understand and intend that the obligation of the Local Government Members for funding hereunder constitutes a current expense of the Local Government Members payable exclusively from the Local Government Members’ funds and appropriated each fiscal year and shall not in any way be construed to be a multi-fiscal
year debt or other financial obligations within the meaning of Article X, Section 20 of the Colorado
Constitution, a general obligation indebtedness of the Local Government Members within the
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meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional
or statutory indebtedness.
I. Waiver. This MOU or any of its provisions may not be waived except in writing by a Party’s representative. The failure of a Party to enforce any right arising under this MOU on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion.
J. Proper Execution. Each Party represents that all procedures necessary to
authorize such Party’s execution of this MOU have been performed and that the person signing for such party has been authorized to do so.
K. Governing Law and Venue. It is the intention of the Parties to this MOU that this MOU and the performance under this MOU, and all suits and special proceedings under this MOU,
be construed in accordance with and governed, to the exclusion of laws of any other forum, by the
laws of the State of Colorado, without regard to the jurisdiction in which any action or special proceeding may be instituted. Venue for any action concerning this MOU shall be proper and exclusive in the District Court for Jefferson County, Colorado.
L. Illegal Aliens/Authorization to Work. If JCMH has any employees or
subcontractors, JCMH shall comply with C.R.S. §8-17.5-101, et seq., regarding Illegal Aliens -
Public Contracts for Services, and this MOU. By execution of this MOU, JCMH certifies that it does not knowingly employ or contract with an illegal alien who will perform work under this MOU and that JCMH will participate in either the E-Verify Program or Department Program in order to confirm the eligibility of all employees who are newly hired for employment to perform
work under this MOU.
1. JCMH shall not: a. Knowingly employ or contract with an illegal alien to perform work under this MOU; or
b. Enter into a contract with a subcontractor that fails to certify to JCMH that
the subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under this MOU.
2. JCMH has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this MOU through participation in either the E-Verify Program or Department Program.
3. JCMH shall not use either the E-Verify Program or Department Program to
undertake pre-employment screening of job applicants while this MOU is in effect.
4. If JCMH obtains actual knowledge that a subcontractor performing work under this MOU knowingly employs or contracts with an illegal alien, JCMH shall:
a. Notify the subcontractor and the Local Government Members within three
days that JCMH has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to the preceding sub-subparagraph of
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this subparagraph, the subcontractor does not stop employing or contracting
with the illegal alien; except that JCMH shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
5. JCMH shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is
undertaking pursuant to the authority established in C.R.S. §8-17.5-102(5).
6. If JCMH violates this provision of this MOU, the Local Government Members may terminate the MOU for a breach of contract. If JCMH is so terminated, JCMH shall be liable for actual and consequential damages to the Local Government Members as
required by law.
7. The Local Government Members will notify the Office of the Secretary of State if JCMH violates this provision of this MOU and the Local Government Members terminate the MOU for such breach.
M. Public Document. JCMH hereby acknowledges that the Local Government Members
are public entities subject to the Colorado Open Records Act, C.R.S. § 24-72-201, et
seq., and as such, this MOU will be subject to public disclosure thereunder.
N. Electronic Disposition. The Parties acknowledge and agree that the original of this MOU, including the signature pages, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which
is shown to accurately reproduce the original of this MOU, may be used for any purpose as if it
were the original, including proof of the content of the original writing.
O. Ownership of Documents/Deliverables. Any data, documents or other things or information provided by a Local Government Member to JCMH or to which JCMH has access during the performance of the Services (the “Documents”) and any reports,
drawings, results, conclusions of the Services or other writings or products produced
by JCMH (the “Deliverables”) shall be and remain the sole property of the Local Government Member at all times; and JCMH shall not use any of the Deliverables or Documents for any other purpose. The Local Government Members shall, respectively, retain all right, title and interest in and to both the Documents and the
Deliverables. JCMH shall not disclose to any third party any Document or
Deliverable without the prior written approval of the Local Government Members unless required under the Colorado Public Records Act or other law. P. Confidentiality. During the course of JCMH’s performance of the Services, JCMH
may have access to certain confidential and proprietary information owned or
controlled by the Local Government Members that may be disclosed to JCMH and JCMH’s employees, agents, representatives, assigns or subcontractors orally, in writing or by observation. All such information disclosed to JCMH or JCMH’s employees shall be maintained in strict confidence, shall not be used except as
necessary for the performance of this MOU and shall not be disclosed to any third
party without prior written approval of the Local Government Members unless
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required under the Colorado Public Records Act or other law. All tangible items or
material developed by or made available to JCMH or JCMH’s employees, agents,
representatives, assigns, or subcontractors hereunder shall be delivered to the Local Government Members promptly upon the cancellation, termination or completion of this MOU.
Q. Notice. All notices, requests, demands or other communications required or
permitted by the terms of this MOU will be given in writing and delivered to the Parties of this
MOU as follows:
1. Jefferson Center for Mental Health ____________address_______ _________________________
2. Jefferson County
_______________address_____
___________________________
3. City of Arvada __________address___________
___________________________
4. City of Edgewater Attn: City Manager 2401 Sheridan Boulevard Edgewater, CO 80214
5. City of Golden
_______address_____________ __________________________
6. City of Lakewood Chief of Police
480 S. Allison Pkwy. Lakewood, CO 80226 7. City of Wheat Ridge
City Manager
7500 W. 29th Ave. Wheat Ridge, CO 80033 8. City of Westminster
_____address_____________
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________________________
or to such other address as any Party may from time to time notify the other.
The Parties execute this MOU on the most recent date indicated below.
COUNTY OF JEFFERSON By: _____________________________ Title:____________________________
Date: ____________________________
JEFFERSON CENTER FOR MENTAL HEALTH
By: _____________________________
Harriet L. Hall, President
Date: ___________________________
CITY OF ARVADA
________________________________
Marc Williams, Mayor
Date: ___________________________ CITY OF EDGEWATER
________________________________
Laura Keegan, Mayor
Date: ___________________________
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CITY OF GOLDEN
_____________________________________
Marjorie N. Sloan, Mayor
Date: ___________________________
CITY OF LAKEWOOD
_____________________________________
Adam Paul, Mayor
Date: ___________________________
CITY OF WESTMINSTER
____________________________________
Herb Atchison, Mayor
Date: ___________________________
CITY OF WHEAT RIDGE
________________________________
Bud Starker, Mayor
Date: ___________________________
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EXHIBIT A
JCMH Quarterly Reporting Form
For the three month period ending on ________________________
Local Government Member
Number of
Patients served
from:
Percentage one-
time Patients
Percentage
repeat
Patients
Percentage of
Patients receiving
other mental and behavioral health services Jefferson County
City of Arvada
City of Edgewater City of Golden
City of Lakewood
City of Wheat Ridge
City of Westminster
Non-Participating local government referring Patients
Number of
Patients Served
Amount Billed Amount Paid Other Details
Other Data: [JCMH please fill in]
______________________________________________________________________________
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EXHIBIT B
Preadmission and Admission Protocols
PRE-ADMISSION PROTOCOLS
1. A Medical Screening Required Form will be used by the admissions technician to screen
clients with the transporting officer present.
2. Medical refusals will be transported by ambulance, outreach van driver from JCMH or the
officer in that order. The officer will be involved in that decision based on safety needs.
3. Clients who do not demonstrate behavioral self-control at the time of admission may present
a danger to themselves or others including staff. If a definitive refusal is obtained at
screening using the Police Referral Screening Tool, the patient will be transported to the
hospital for a medical assessment by the original agency.
4. If a medical release is obtained and the patient is still not demonstrating behavioral self-
control, then the patient can be transported to the jail. Officers will contact the jail to
determine if there is space available for the withdrawal management.
5. If the jail is unavailable, the client shall be left in the care of medical staff until such time as
the client is no longer a danger to himself or others.
ADMISSION PROTOCOLS
1. Clients who are in the custody of the Facility and who become uncooperative and/or present
a danger to JCMH facility staff or other clients may be refused. JCMH facility staff will call
the Wheat Ridge Police Department when this occurs. A Police Referral Screening Tool will
be completed by JCMH facility staff citing the reasons for the refusal.
2. Wheat Ridge Police Department will transport the client to the hospital for a medical
assessment.
3. If a medical release is obtained and the patient is still not demonstrating behavioral self-
control, then the patient can be transported to the jail. Officers will contact the jail to
determine if there is space available for the withdrawal management.
4. If the jail is unavailable, the client shall be left in the care of medical staff until such time as
the client is no longer a danger to himself or others.