HomeMy WebLinkAboutResolution 2017-0033CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 33
Series of 2017
TITLE: A RESOLUTION APPROVING THE SECOND AMENDED AND
RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN
THE JUVENILE ASSESSMENT CENTER AND THE CITY OF
WHEAT RIDGE TO PROVIDE SCREENING, ASSESSMENT
AND SERVICES TO JUVENILES
WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City
Council ("Council") is a home rule municipality with statutory and constitutional authority to
enact ordinances and enter into agreements for protection of the public health, safety and
welfare; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., authorizes the City to enter into
agreements with other governmental entities to cooperate in the provision of any function,
service, or facility each is authorized to provide; and
WHEREAS, pursuant to this authority, the City previously entered into an
agreement with several other area jurisdictions to form the Juvenile Assessment Center
(JAC) to provide a centralized location for the coordinated provision of mental health and
other intervention programs and services for juveniles and their families who are referred
to the JAC; and
WHEREAS, the parties to such agreement now wish to adopt certain amendments to
more accurately reflect the current practices and policies of the JAC; and
WHEREAS, the Council finds that the City's participation in and use of the JAC
provides a valuable public resource in the form of intervention, counseling, diversion and
assistance specifically tailored for juveniles, and that it would therefore further the health,
safety and welfare of City residents to maintain the City's participation in the JAC; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to approve intergovernmental agreements.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Second Amended and Restated Intergovernmental Agreement
Establishing the Juvenile Assessment Center is hereby approved. The Mayor and City
Clerk are authorized to execute the same.
DONE AND RESOLVED this J /~ay of &f11hpl@ , 2017.
ATTEST: ~nW1 Mww
SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
Establishing the Juvenile Assessment Center
This Agreement, dated for reference purposes only June 1, 2017, is entered into by the following Parties
(each, individually, a "Party"):
A. The County of Jefferson, State of Colorado, a body politic and corporate (the "County") for the use
and benefit of the Office of the District Attorney, First Judicial District (the "District Attorney") and
the Jefferson County Department of Human Services ("Human Services");
B. The Jefferson County Sheriffs Office (the "Sheriff'');
C. Jefferson County School District No. R-1 ("Jeffco Schools"):
D. Jefferson Center for Mental Health ("Mental Health");
E. The City of Arvada, a municipal corporation ("Arvada");
F. The City of Edgewater, a municipal corporation ("Edgewater");
G. The City of Golden, a municipal corporation ("Golden");
H. The City of Lakewood, a municipal ·corporation ("Lakewood"); .
I. The City of Westminster, a mu.nicipaj corporation ("Westminster"); and . . J. The City of Wheat Ridge, a municipal corporation ("Wheat Ridge").
RECITALS
A. Part 2 of Article 1 of Title 29, C.R.S., permits and encourages governments to make the most efficient
and effective use of their powers and responsibilities by cooperating and contracting with other
governments.
B. Part 2 of Article 1 of Title 29, C.R.S., authorizes governments to contract with one another to provide
any :function; service, or facility lawfully authoriiedto each of the contracting units through the
establishment of a separate legal entify.
C. It was previously determined it would. be ip. the best fr1terest of all of the Parties to create a separate
legal entity with its own governing board to provide a centralized location for the coordinated
provision of mental health and ~ther intervention programs and services for juveniles and their
families who are referred to the Center.
D. The Juvenile Assessment Center was established as a separate legal entity by an Intergovernmental
Agreement signed by all Parties, effective January I, 200 I, as amended and restated by a First
Amended Intergovernmental Agreement, dated May I, 2002.
E. Section 19-2-211, C.R.S., allows for the creation of a local "Juvenile Service Planning Committee"
("JSPC") appointed by the Chief Judge of a judicial district and Chief Jlidge's Order number 2001-2
of the First Judicial District dated September 7, 2001, assigned the responsibilities of the local JSPC
to the governing board of the Juvenile Assessment Center.
F. The Parties desire to enter into a new Agreement herein, which supersedes all prior agreements· and
amendments and reflects more accurately the current circumstances, policies and procedures.
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreement of the Parties hereinafter
contained, the receipt and sufficiency of which are hereby confessed, it is understood and agreed as
follows:
I. GENERAL PROVISIONS
A. The Parties hereby affirm the prior establishment and continuing existence of the separate legal entity
known as the "Juvenile Assessment Center" (the "Center") which shall operate as a governmental
entity and is governed by the Board, as established in this Agreement under the section titled BOARD
OF DIRECTORS.
B. This Agreement shall be in full force and effect upon execution by all Parties and shall continue until
December 31, 2049, or until earlier terminated by a majority of the Parties.
C. This Agreement may be amended at any time in writing by agreement of two-thirds of the Parties
subject to the approval of the various governing bodies of the Parties.
D. This Agreement supersedes and replaces all prior agreements and all amendments thereto including,
but not limited to, the June 1, 2001 Intergovernmental Agreement, May l, 2002 First Amended
Intergovernmental Agreement, the Partners Agreement and the Law Enforcement Funding Agreement
referred to herein.
II. POWERS OF THE CENTER
A. GENERAL POWERS. The Parties agree the Center shall be empowered with the authority to
maintain, control, regulate, and operate the Center within Jefferson County, Colorado, for the use and
benefit of the Parties and their constituents.
B. SPECIFIC POWERS. The Center shall be authorized to provide or coordinate the provision of the
services identified below to children under the age of eighteen and who reside or are present in the
First Judicial District of Colorado ("Youth"):
1. a centralized location for the coordinated provision of services, as specified by the JSPC, for
Youth and their families who are referred to the Center by any Party;
2. comprehensive screening and assessments of the strengths and needs of Youth and their families;
3. prompt referrals of Youth and their families to appropriate services;
4. crisis intervention and case management for Youth and their families;
5. collect, maintain and share information to facilitate services for Youth in accordance with
applicable laws;
6. assistance with decision-making concerning arrest, detention and intervention for Youth;
7. supporting information for preparation of reports for municipal and state courts;
8. apply for and administer grants and other sources of funding as authorized by the JSPC;
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9. screening of Youth for purposes of determining detention eligibility;
10. ifthe Center is designated as a shelter by the District Court in the First Judicial District of
Colorado or by the County pursuant to Section 19-2-508, C.R.S., short term holding of Youth (a)
detained or arrested by Law Enforcement; (b) with status, ordinance, misdemeanor or felony level
charges; (c) considered to be "at risk" or "runaway;" or (d) referred to or in the care of Human
Services or Mental Health who are not in immediate danger and who pose no threat to themselves
or others (Youth awaiting placement or family services);
11. any additional services ancillary to the services expressly identified herein and not otherwise in
contradiction with this Agreement;
12. any additional services authorized in writing by all the governing bodies of the Parties.
C. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The Center shall have all the authority
reasonable and necessary to carry out the powers set forth in this Agreement. Such authority shall
include, but not be limited to, the authority to contract and purchase all supplies, equipment,
materials, and services, including professional services, and further to hire and discharge employees
of the Center.
D. POWER TO SET FEES. The fees, if any, to be charged for services provided directly by the Center
shall be established by the Center and shall be uniform and reasonable.
E. POWER TO LEASE PROPERTY. The Parties agree the Center is empowered to negotiate and enter
into leases of property that is suitable for providing the services it is authorized to provide.
F. CONTRACTS FOR USAGE BY OTHER YOUTH. The Center may, by contract with governmental
entities other than the Parties and as approved by the Board, permit such entities to make referrals to
the Center or to permit Youth residing outside the First Judicial District to be referred to the Center.
III. CONTRIBUTIONS OF PARTIES
A. IN-KIND CONTRIBUTION OF CERTAIN PARTIES. In consideration of participation in and
access to the Center services and programs, the following Parties agree to make the following in-kind
contributions to the operation of the Center at no cost to the Center:
1. Jeffco Schools. A school employee with duties to include acting as a liaison between Jeffco
Schools and the Center shall be employed by Jeffco Schools and shall be located at the Center as
feasible. Furniture and equipment necessary to support this position or any other Jeffco Schools
personnel placed at the Center shall also be provided by Jeffco Schools.
2. The County. The County shall provide space sufficient for the Center to operate. The details of
the space, including maintenance, repair, utilities, and the Center's acceptable use of the space
shall be specified in a separate lease agreement between the County and the Center. The County
agrees that it shall give at least 180 days' notice of termination of the lease.
3. The District Attorney. The District Attorney shall provide liaison staff at the Center, computers
and related hardware and technical support for the liaison staff with secure and controlled access
to juvenile and crime information databases, and office furniture and equipment for those
positions.
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4. Mental Health. Mental Health will provide mental health evaluation services to the Center.
B. FUNDING PRINCIPLES AND REVIEW. It is the intent of the Parties to distribute the funding
contributions of the Center according to a long-term estimate of each Party's utilization of the Center
as measured by referrals to the Center and/or replacement or enhancement of the Party's own
provision of services by services provided through the Center. The current funding distribution was
determined by the Utilizations and Contributions Analysis attached hereto as Exhibit A and
incorporated herein. The Board may direct the Center to revise Exhibit A from time to time, but no
less than once every five calendar years. The Board may elect to change the funding contributions
formula in response to a modified Exhibit A.
C. LAW ENFORCEMENT PARTICIPANTS' FUNDING CONTRIBUTIONS ( 40%).
1. Law Enforcement Participants shall be defined as the Sheriff, Arvada, Edgewater, Golden,
Lakewood, Westminster, and Wheat Ridge.
2. Law Enforcement Participants shall pay 40% of the Center's Annual Assessment as defined
under the section of this Agreement titled BUDGET.
3. The annual contributions of each Law Enforcement Participant shall be calculated as follows by
using a formula that is weighted equally between each Law Enforcement Participant's Youth
population and the average of the Law Enforcement Participant's usage of the Center for the three
calendar years preceding the date the preliminary budget is approved (the "Three Year Usage
Period").
4. Youth Population Calculation. One-half of the Law Enforcement Participant's annual
contribution will be determined as follows:
i. Identify the Youth population figure for each Law Enforcement Participant by determining
the number of Youth who reside within the jurisdiction of each Law Enforcement
Participant and who also reside within the First Judicial District of Colorado. The Sheriff 's
jurisdiction shall be the unincorporated portion of Jefferson County. The Youth population
figure shall be determined by using the most current population figures available from the
State Demographer on April 1st of each year the budget is prepared.
ii. All of the Law Enforcement Participants' population numbers will be added together and
each Law Enforcement Participant's percentage of the total will determine one-half of its
annual contribution.
5. Program Usage. The remaining one-half of the Law Enforcement Participants' annual
contributions will be determined as follows:
i. The Center shall keep a record of the number of Youth referred or transported to the Center
by each Law Enforcement Participant and its respective municipal court during each
calendar year (the "Law Enforcement Participant's Usage Number").
ii. All of the Law Enforcement Participant's Usage Numbers for the Three Year Usage Period
will be added together (the "Three Year Total Usage Number"). Each Law Enforcement
Participant's percentage of the Three Year Total Usage Number will determine one-half of
its annual contribution.
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D. REMAINING PARTIES' FUNDING CONTRIBUTIONS (60%). The remaining Parties shall
contribute 60% of the Center's Annual Assessment according to the following percentages:
1. District Attorney: 21 %.
2. Human Services: 15%.
3. Jeffco Schools: 14%.
4. Mental Health: 10%.
V. APPROPRIATION AND PAYMENTS BY PARTIES OR OTHER ENTITIES.
A. APPROPRIATION AND PAYMENT OF FUNDS. The Parties agree to consider for appropriation
the amounts computed as set forth above by the first day of January of the year during which said
monies are to be expended by the Center. The Parties agree to pay said amounts to the Center by
January 31 of the year during which said monies are to be expended by the Center. The Board may
approve a different payment date upon request of a Party received prior to January 31.
B. CONTRIBUTIONS OF NEW PARTIES. The Board may, by written agreement, permit a
municipality within Jefferson County to join this Agreement as a Law Enforcement Participant. Such
an agreement shall become an amendment to this Agreement. Anew municipality's share of the
Annual Assessment shall be computed, appropriated and paid as set forth herein. Should any such
municipality be partially within and partially without the territorial limits of the First Judicial District,
its population within the First Judicial District shall be added to the total Youth population set forth in
the Youth Population Calculation, above, to compute the pro-rata shares of the Annual Assessment.
Such municipality shall only refer to the Center Youth apprehended within the boundaries of the First
Judicial District, unless otherwise approved by the Board.
A new municipality's program usage shall be estimated by the Board until the municipality has been
a Law Enforcement Participant for one full calendar year. Once the municipality has been a Law
Enforcement Participant for a full calendar year, the program usage for that calendar year shall be
used to calculate usage for the next budget. The next year, the municipality's program usage for two
(2) full calendar years shall be used to determine the municipality's usage for budget purposes.
Thereafter, program usage for the new municipality shall be calculated in accordance with this
Agreement.
C. CONTRIBUTIONS OF NON-PARTIES. The Center shall have the authority to invoice non-parties
for services provided by the Center. Details of such invoices should be included in annual reports to
the Board.
VI. BOARD OF DIRECTORS
A. POWERS. All powers, privileges and duties vested in the Center shall be exercised and performed by
and through its Board of Directors (the "Board").
B. MEMBERSHIP.
1. Parties. Each Party shall designate and appoint one Director to serve on the Board in accordance
with the following appointment responsibilities. Directors representing Law Enforcement
Participants shall be appointed by their respective chief of police or the Sheriff. The Director
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representing Human Services shall be appointed by the Director of Human Services. The Director
representing Mental Health shall be appointed by the CEO of Mental Health. The District
Attorney shall appoint a Director. The Director representing the County shall be appointed by the
Board of County Commissioners. The Director representing Jeffco Schools shall be appointed by
the Superintendent of Schools.
2. Non-Parties. The Chief Judge of the First Judicial District Court ("the Court"), the Chief
Probation Officer of the First Judicial District, the Public Defender's Office, and the Director of
the Central Region of the Colorado Division of Youth Corrections may each appoint one Director
to serve on the Board. A representative of the community-at-large shall be appointed by the other
Directors.
3. Required Representatives. As the JSPC, the Board should include at all times, if practicable, a
representative each from Human Services, Jeffco Schools, a local law enforcement agency, the
First Judicial District Probation Department, the division of youth corrections, private citizens,
the District Attorney, the public defender's office, community mental health, and Jefferson
County municipalities (each a "Required Representative"), as required by§ 19-2-211, C.R.S. To
the extent that the designation of any Party to this Agreement as non-voting would remove a
Required Representative from the JSPC, such Party shall retain voting rights with respect to JSPC
matters.
4. Alternates. Each Director's appointing entity may also appoint an alternate Director to serve in
the place of such entity's Director in the event such Director is unable to attend a meeting of the
Board. Alternates shall have the same voting rights as Directors.
C. ELECTION OF OFFICERS. At the annual meeting of the Board of Directors, the Board shall elect
from its membership a Chair, a Vice Chair (and Chair pro tern), a Secretary and a Treasurer, who will
assume their office at the annual meeting. These officers shall serve until their successors have been
elected. The officers shall be elected by an affirmative vote of at least a majority of the board of those
present and voting.
D. BYLAWS AND POLICIES AND PROCEDURES. The Board of Directors shall have the power to
promulgate bylaws and policies and procedures which shall establish the organizational rules and
policies and procedures for the management and operation of the Center.
E. CENTER DIRECTOR. The Board shall have the power to hire a director for the Center to carry out
the powers of Center identified herein or otherwise delegated by the Board. The Director shall have
the duties and responsibilities detailed in Exhibit B, attached hereto and incorporated herein.
VII. CAPITAL IMPROVEMENT FUND
The Board may establish a capital improvement fund with surplus revenues generated by operation of the
Center or funds separately budgeted for capital improvement. The uses to which said fund may be put
include, but are not necessarily limited to, maintenance or replacement of capital equipment, procurement
of new capital equipment, and expansion of the Center facilities.
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VIII. OPERATING RESERVE FUND ESTABLISHED
The Board shall establish an operating reserve fund which shall maintain a balance of at least 25% of the
preceding year's actual expenditures. The money for said fund may be generated from fees from transfers,
investment income, donations, grants and other incidental sources of revenue. Said contingency fund shall
be used to defray the costs of unanticipated operating expenses. The Board shall establish an Operating
Reserve Policy to govern the maintenance, use, and replenishment of the fund.
IX.BUDGET
A. BUDGET PROCESS. Each year, the Center shall prepare a preliminary budget and submit said
budget to the Board. The budget shall contain detailed estimates of the operating costs for the
subsequent year. The budget shall identify the dollar amount of all revenue sources including the
portion ofrevenue to be assessed to the Parties (the "Annual Assessment"). The preliminary budget
shall be approved by the Board on or before June 1 of each year. The approved preliminary budget
shall be submitted to each Party's governing body as soon thereafter as possible.
The governing body of each of the Parties may provide comments or concerns on its Annual
Assessment to the Center's Board on or before September 1 of each year. The Center's Board may
adjust the budget based on the comments of the Parties.
The final budget shall then be approved by a two-thirds majority of the Board and certified by the
secretary and treasurer of the Board. A final budget shall be submitted to each of the governing
bodies of the Parties no later than December 15th of each year that this Agreement is in effect.
B. CONTRIBUTIONS TO THE BUDGET. The Parties agree to contribute to the budget based upon the
funding contribution formula in this Agreement.
C. MODIFICATIONS TO THE BUDGET. At any time during the year, the Center may submit for
approval proposed budget modifications to the Board and the Parties in accordance with the approval
procedures outlined in this Section IX.
X. FUNDS AND OPERATIONS
A. DESIGNATION OF FUNDS. The various monies paid to the Center by the Parties, and any monies
generated by the Center itself, shall be placed into a designated fund, and any expenses incurred by
reason of operation of the Center shall be paid from said fund.
B. CHOICE OF DEPOSITORY. All monies belonging to the Center or designated for use by the Center
shall be deposited in the name and to the credit of the Center with such depositories as the Center
shall from time to time designate, in compliance with§§ 24-75-601 et seq., C.R.S.
C. DISBURSEMENT OF FUNDS. No disbursements shall be made from the funds of the Center except
by check or electronic transfer drawn on the depositories as designated by the Center.
D. FISCAL RESPONSIBILITY. The Center shall not borrow money nor shall it approve any claims or
incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate
fund, credited to the Center, with which to pay the same.
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E. INSURANCE. The Board shall obtain and maintain adequate insurance coverage to protect against
any claims and liabilities which may arise due to the activities conducted by the Center or the Board.
XI. BOOKS AND RECORDS
A. RECORD KEEPING. The Center shall maintain adequate and correct accounts of its funds,
properties, and business transactions, which accounts shall be open to inspection at any reasonable
time by the Parties, their attorneys, or their agents.
B. ANNUAL AUDIT. The Center shall conduct an annual audit within 90 days after the end of the fiscal
year. Such audit shall be conducted by an independent certified public accountant, registered
accountant, or by certified public accountants, or registered accountants licensed to practice in the
State of Colorado. The Center shall tender a copy of said audit to the governing bodies of the
respective Parties.
C. COMPLIANCE WITH LAW. The Center shall comply with all laws governing entities created
pursuant to Part 2 of Article 1 of Title 29, C.R.S. including, but not limited to, the Local Government
Budget Law of Colorado, the Colorado Local Government Audit Law and the Colorado Local
Government Uniform Accounting Law.
XIL REPORTS
A. ANNUAL REPORT. Annually, the Center shall prepare and present to the Board a comprehensive
written annual report of the Center's activities and finances during the preceding year. The annual
report shall also be produced upon request of any of the Parties ' governing bodies.
B. REPORTS REQUIRED BYLAW, REGULATION OR CONTRACT. The Center shall also prepare
and present such reports as may be required by law, regulation, or contract to any authorized federal,
state, and/or local officials to which such report is required to be made in the course and operation of
the Center.
C. REPORTS REQUESTED BY THE PARTIES. The Center shall also render to the Parties or the
Board, at reasonable intervals, such reports and accountings as the Parties may from time to time
request.
XIII. TERMINATION OF AGREEMENT
A. TERMINATION FOR DEFAULT IN PERFORMANCE. In the event any Party fails to perform any
of its contribution obligations under this Agreement, or to perform any other covenant or undertaking
under this Agreement, the Board shall cause written notice to be given to the governing body of the
Party of the Board's intention to terminate said Agreement as to such Party in default, unless such
default is cured within 30 days from the date of such notice, or some other resolution is agreed upon
between the Board and the defaulting Party. Upon failure to cure or otherwise resolve said default
within the thirty-day period, the Board may, at its discretion, take any or all of the following actions:
l. Terminate this Agreement with respect to the defaulting Party;
2. Terminate or limit the defaulting Party's right to use the Center;
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3. Terminate the voting rights of the defaulting Party's representative on the Board, subject to the
limitations in Section VI.B.3; or
4. Terminate the defaulting Party's right to locate any of its employees in the Center.
Furthermore, such defaulting Party which is terminated under this section of this Agreement shall
forfeit all right, title, and interest in and to any property of the Center to which it may otherwise be
entitled upon the dissolution of this Agreement. This Section is not intended to limit the right of any
Party to pursue any or all other remedies it may have for breach of this Agreement.
B. TERMINATION BY WRITTEN NOTICE. This Agreement, or any Party's participation in this
Agreement, may be terminated effective by written notice from the Party to this Agreement at least 90
days prior to January 1st of any given year. Any Party terminating its participation pursuant to this
provision, shall not be entitled to any reimbursement of its annual operating cost contributions
previously paid to the Center.
C. TERMINATION OF PARTY/LOSS OF FUNDS. Upon termination of a Party, whether by default in
performance or by written notice, the remaining Parties may continue to participate in this
Agreement. The Board, upon such termination of a Party, shall act to adjust the budget or Annual
Assessment to accommodate the loss in funds unless the remaining Parties negotiate an amendment to
the Agreement setting forth revised percentages of participation or the Parties agree to terminate the
Agreement.
D. POWERS OF CENTER UPON TERMINATION BY A MAJORITY. Upon termination by mutual
agreement of a majority of the Parties, the powers granted to the Center under this Agreement shall
continue to the extent necessary to make an effective disposition of the property, equipment, and
assets under this Agreement.
E. IN-KIND CONTRIBUTIONS. In the event of a termination of this Agreement with respect to any in-
kind contributor of personal property, whether identified in this Agreement or not, the Center shall
have a minimum of thirty days to relinquish possession of the contributed property. Failure by the
terminated party to remove contributed property after sixty days shall constitute forfeiture of all right,
title, and interest in and to the property. The Center shall have sixty days to vacate any in-kind
contributions of real property in the event of a termination of this Agreement with respect to the
contributing party.
F. TERMINATION FOR CONVERSION TO NONPROFIT ENTITY. The Board may elect to take
such action required to convert the Center to a nonprofit entity. Prior to such action to convert the
Center, the Board shall give each Party no less than six months' notice of the intended conversion.
Upon receipt of such notice any Party may terminate its participation without penalty, or participate
in an agreement concerning formation of the nonprofit organization. Any Party electing to terminate
shall be entitled to reimbursement of its annual contribution previously paid to the Center prorated
from the effective date of termination through the remainder of the Center's fiscal year. Prior to any
conversion to a nonprofit entity, the rights of the Parties under this Agreement shall be addressed by
an amendment to this Agreement or by separate agreement executed by all Parties who have not
terminated their participation. No such conversion shall occur without the unanimous consent of all
the Parties who have not terminated their participation.
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XIV. MISCELLANEOUS
A. SEVERABILITY. If any provisions of this Agreement or the application thereof to any Party or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of the
Agreement which can be given effect without the invalid provision or application, and to this end, the
provisions of the Agreement are declared to be severable.
B. EXECUTION BY COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be
signed in counterparts, and 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 Agreement. All use of electronic signatures shall be
governed by the Uniform Electronic Transactions Act,§§ 24-71.3-101to121, C.R.S. The Agreement
shall not be effective until executed by all Parties.
C. NO THIRD PARTY BENEFICIARIES. Except as otherwise stated herein, this Agreement 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 or
Sponsors, limit in any way the rights, protections, limitations and immunities provided to the
governmental Parties as set forth in§ 24-10-101, et seq. C.R.S., as same may be amended, and other
limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of
any other entity not a Party hereto. Nothing contained herein shall be deemed to create a partnership
or joint venture between the Parties with respect to the subject matter hereof. The Parties shall be
responsible for their own negligent acts and the conduct of their respective employees without
waiving any protections afforded by the Governmental Immunity Act.
D. OFFICIALS NOT TO BENEFIT. No elected official or employee or independent contractor of any
Party or other entity participating under this Agreement shall be paid or receive, directly or indirectly,
any share or part of this Agreement or any benefit that may arise therefrom, other than wages,
salaries, and other compensation that individuals who perform services for the Center receive in the
normal course of their office, employment, or contract engagement.
E. NONDISCRIMINATORY POLICY. The Center shall make its services, facilities, and programs
available to all persons regardless of, and shall not refuse to hire, discharge, promote or demote, or
discriminate in matters of compensation against any person otherwise qualified solely because of
race, creed, sex, color, national origin or ancestry, religion, disability, age, sexual orientation, gender
identity, veteran or military status, or any other basis prohibited by federal, state or local law.
F. NO GENERAL OBLIGATION INDEBTEDNESS. Because this Agreement will extend beyond the
current fiscal year, the Parties understand and intend that the obligation of the Parties to pay the
Annual Assessment hereunder constitutes a current expense of the Parties payable exclusively from
the Parties' funds and appropriated each fiscal year of each Party and shall not in any way be
construed to be a multi-fiscal year obligation or other financial obligations within the meaning of
Article X, Section 20 of the Colorado Constitution; a general obligation indebtedness of the Parties
within the meaning of any provision of Article XI of the Colorado Constitution, or any other
constitutional or statutory indebtedness. None of the Parties has pledged the full faith and credit of the
state, or the Parties to the payment of the charges hereunder, and this Agreement shall not directly or
contingently obligate the Parties to apply money from, or levy or pledge any form of taxation to, the
payment of the annual operating costs.
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G. WAIVER. This Agreement or any of its provisions shall not be waived except in writing by a Party's
Board representative. The failure of a Party to enforce any right arising under this Agreement on one
or more occasions will not operate as a waiver of that or any other right on that or any other occasion.
H. SURVIVAL. Notwithstanding anything to the contrary, the Parties understand and agree that all
terms and conditions of this Agreement that require continued performance or compliance beyond the
termination or expiration of this Agreement shall survive such termination or expiration and shall be
enforceable against a Party if such Party fails to perform or comply with such term or condition.
I. PROPER EXECUTION. Each Party represents that all procedures necessary to authorize such Party's
execution of this Agreement have been performed and that the person signing for such Party has been
authorized to do so.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
[SIGNATURE PAGES FOLLOW]
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ST ATE OF COLORADO
COUNTY OF JEFFERSON
COUNTY OF JEFFERSON
STATE OF COLORADO
By: __________ _
Peter A. Weir, District Attorney
The foregoing Agreement was acknowledged before me this day of . 2017, by
Peter A. Weir, District Attorney of the District Attorney's Office for the County of Jefferson, State of
Colorado.
APPROVED AS TO FORM:
Joanne Kortendick
Assistant County Attorney
Notary's official signature
Commission expiration date
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STATE OF COLORADO
COUNTY OF JEFFERSON
COUNTY OF JEFFERSON,
ST ATE OF COLORADO
Lynn A. Johnson, Executive Director
Department of Human Services
The foregoing Agreement was acknowledged before me this day of 20 _, by
Lynn A. Johnson as Executive Director of the Department of Human Services, County of Jefferson, State
of Colorado.
Notary's official signature
Commission expiration date
APPROVED AS TO FORM:
Martin Plate
Assistant County Attorney
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STATE OF COLORADO
COUNTY OF JEFFERSON
COUNTY OF JEFFERSON,
STATE OF COLORADO
Jeff Shrader, Sheriff
The foregoing Agreement was acknowledged before me this ___ day of ______ , 20_, by
Jeff Shrader, Sheriff, County of Jefferson, State of Colorado.
Notary's official signature
Commission expiration date
APPROVED AS TO FORM:
Kurtis D. Behn
Assistant County Attorney
Page 14 of27
JEFFERSON COUNTY R-1 SCHOOL DISTRICT:
STATE OF COLORADO
COUNTY OF JEFFERSON
By: _________ _
Terry Elliott, Acting Superintendent
The foregoing Agreement was acknowledged before me this day of ______ , 20_, by
Terry Elliott, Acting Superintendent of Jefferson County R-1 School District.
Notary's official signature
Commission expiration date
ATTEST:
By: ___________ _
Name: ___________ _
Title: -----------~
Page 15 of27
JEFFERSON CENTER FOR MENTAL HEAL TH
STATE OF COLORADO
COUNTY OF JEFFERSON
Harriet L. Hall, President
The foregoing Agreement was acknowledged before me this __ day of
~~~~~~~~
20_, by Harriet L. Hall, as President of Jefferson Center for Mental Health.
Notary's official signature
Commission expiration date
Page 16 of27
STATE OF COLORADO
COUNTY OF JEFFERSON
CITY OF ARVADA, a Colorado home rule municipal
corporation
Marc Williams, Mayor
The foregoing Agreement was acknowledged before me this __ day of _______ _
20_, by Marc Williams, Mayor of the City of Arvada.
Notary's official signature
Commission expiration date
ATTEST:
City Clerk
APPROVED AS TO FORM:
----------~ City Attorney
Page 17 of27
ST ATE OF COLORADO
COUNTY OF JEFFERSON
CITY OF EDGEWATER, a Colorado municipal
corporation
Kris Teegardin, Mayor
The foregoing Agreement was acknowledged before me this __ day of ________ ,
20_, by Kris Teegardin, Mayor of the City of Edgewater.
Notary's official signature
Commission expiration date
ATTEST:
City Clerk
APPROVED AS TO FORM:
_______ .City Attorney
Page 18 of27
STATE OF COLORADO
COUNTY OF JEFFERSON
CITY OF GOLDEN, a Colorado municipal corporation
Marjorie N. Sloan, Mayor
The foregoing Agreement was acknowledged before me this __ day of _______ _,
20_, by Marjorie N. Sloan, Mayor of the City of Golden.
Notary's official signature
Commission expiration date
ATTEST:
City Clerk
APPROVED AS TO FORM:
------~City Attorney
Page 19 of27
STATE OF COLORADO
COUNTY OF JEFFERSON
CITY OF LAKEWOOD, a Colorado municipal
corporation
Adam Paul, Mayor
The foregoing Agreement was acknowledged before me this __ day of _______ _,
20_, by Adam Paul, Mayor of the City of Lakewood.
Notary's official signature
Commission expiration date
ATTEST:
City Clerk
APPROVED AS TO FORM:
_______ .City Attorney
Page 20 of27
STATE OF COLORADO
COUNTY OF _~~~~~~
CITY OF WESTMINSTER, a Colorado municipal
corporation
Herb Atchison, Mayor
The foregoing Agreement was acknowledged before me this __ day of _______ _,
20_, by Herb Atchison, Mayor of the City of Westminster.
Notary's official signature
Commission expiration date
ATTEST:
City Clerk
APPROVED AS TO FORM:
_______ .City Attorney
Page 21 of27
STATE OF COLORADO
COUNTY OF JEFFERSON
CITY OF WHEAT RIDGE, a Colorado municipal
The foregoing Agreement was acknowledged before me this _JL day of f'"q f e,., ~ ~r
20 i7 , by Joyce Jay, Mayor of the City of Wheat Ridge.
ROBIN LEE EATON
Notary Public
State of Colorado
Notary ID# 20164034634
My Commission Expires 09·09·2020
ATTEST: ,.'f1£11l Jhcvw1.L
Clerk
~ ~L:4fis
Notary's official signature
o ']-o t-~uq.o
Commission expiration date
Page 22 of27
Page 23 of27
Exhibit A -JCJAC Utilization & Contributions Analysis of 2015 Data
This information below was reviewed with the JSPC Board on June 14, 2016. The board reviewed the
information, a motion was made to adopt the budget breakdown as presented in the new IGA, and the
motion was seconded. The motion passed.
Craig McPherson and Michael Tessean reviewed all cases that went through the JCJAC in 2015. We
assigned point values based on the perceived values to all of the agencies.
Points and Explanation
Law Enforcement
o Youth brought to the JCJAC for the following reasons (1.0)
• Misdemeanor/felony criminal charge
• Petty offenses
• Status offenses
• Curfew
• Possession
o Youth screened and detained (1.0)
Department of Human Services (CYF)
o Beyond Control of Parent (1.0)
o Runaway (1.0)
o Welfare placement (1.0)
o Self-referral (1.0)
o Referral and Abuse reports (partial credit, 0.5)
District Attorney
o Low Risk Offender Program (1.0)
o Pre-File Diversion (1.0)
o Fast-Track (partial credit 0.5)
Jeffco School
o School behaviors/referral (1.0)
o Truancy (1.0)
o Interference with faculty/staff (1.0)
o Threat assessments (1.0)
o Charges on school grounds (1.0)
Jefferson Center for Mental Health
o Assessment with referral (partial credit, 0.5)
o MAYSI-2 and SUS screens (partial credit, 0.25)
Page 24 of27
10%
7%
20%
10%
15%
2015 Utilization Breakdown
21%
42%
District Attorney {698.5)
•Law Enforcement & Muni (1354)
Children Youth and Families {659)
Jeffco Schools (212)
•Mental Health {329.75)
_I
_1017 Budget Breakdow_n ______ ~
21%
• District Attorney
•Law Enforcement & Muni
Children Youth and Family
• Jeffco Schools
Mental Health -JCMH
40%
Page 25 of27
Exhibit B -Duties and Res ponsibilities of Center Director
General Purpose:
The JCJAC Executive Director is responsible for the operation of the Jefferson County Juvenile
Assessment Center (JCAC or JAC). Part of the obligation of the Executive Director is the
implementation and oversight of the 1st Judicial District Senate Bill 94 Plan (SB94), adopted by the
Juvenile Services Planning Committee which includes the Senate Bill 2015 programming.
JCJAC Duties/Responsibilities:
Program Oversight/Management
1. Oversee implementation of policies, procedures, and services to accomplish the mission and goals
of the Juvenile Assessment Center.
2. Determine needs and develop systems to accurately collect and compile needed data concerning
youth and families served by the JAC.
3. Determine and secure the most effective tools to use in the assessment functions at the JCJAC.
4. Develop grant application when directed to do so by the JCJAC Board.
5. Develop and implement program evaluation for the JCJAC.
6. Develop information sharing processes to assist member agencies in making informed decisions.
The Budget
1. In collaboration with the fiscal agent, develop the annual budget to be approved by the JCJAC
Board.
2. In collaboration with the fiscal agent, develop procedures for review, monitoring and payment of
program expenditures.
The JCJAC Board
1. Staff the JCJAC Board, subcommittees and other meetings as required.
2. Other duties assigned/negotiated with the JCJAC Board.
Emplovee Supervision/Training
1. Oversee hiring/firing of all JCAC staff.
2. Provide direct supervision (or indirect supervision through a designee) to all JCAC staff.
3. In cooperation with fiscal agent, develop staff job descriptions.
4. Provide training opportunities for JCAC staff.
5. Oversee performance evaluation of all JCAC staff
Page 26 of27
SB94 Duties/Responsibilities:
The Plan
1. Prepare the annual SB94 Juvenile Services Plan and present the annual SB94 Juvenile Service
Plan to the Juvenile Services Planning Committee (JSPC) for approval. Submit approved plan to
the Department of Youth Corrections.
2. Oversee the implementation of the Juvenile Services Plan.
* Supervise the SB94 services to pre-adjudicated youth detention.
* Supervise the SB94 services to sentenced youth place in the community.
* Coordinate screening and referral services.
* Collaborate with fiscal agent to develop service descriptions and contract provisions for
purchased services.
* Monitor and evaluate purchased services.
* Conduct quality assurance initiatives to ensure services and programs are meeting SB94
goals.
3. Manage the detention bed utilization in the 1st Judicial District.
4. Ensure the quality of client data entered into the SB94 Colorado TRAILS database.
The Budget
1. Provide input to the fiscal agent in preparation of the annual budget to be approved by the JSPC.
2. In collaboration with the fiscal agent, develop procedures for review, monitoring and payment of
program expenditures.
The Juvenile Services Planning Committee (JSPC;
1. Staff the JSPC, subcommittees and other meetings as required.
2. Serve as the JSPC contact person for the Statewide SB94 Advisory Board and the Division of
Youth Corrections.
3. Prepare reports utilizing the Colorado TRAILS client database for the JSPC.
4. Other duties assigned/negotiated with the JSPC.
Emplovee Supervision/Training
1. Oversee hiring/firing of all SB94 staff.
2. Provide direct supervision (or indirect supervision through a designee) to all SB94 staff.
3. In cooperation with fiscal agent, develop staff job descriptions.
4. Provide training opportunities for SB94 staff.
5. Oversee performance evaluation of all SB94 staff.
Page 27 of27