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Home My WebLink AboutResolution-2005-0056 - RESOLUTION NO. 56 Series of 2005 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE JEFFERSON COUNTY SHERIFF'S OFFICE FOR TRANSPORTATION OF PRISONERS OUTSIDE OF THE DENVER METRO AREA. WHEREAS, the Pol1ce Department does not have the personnel resources, nor the time, to provide transportatIOn for pnsoners outsIde the metro area, and WHEREAS, although the City has a Court Marshal program, the transportation of pnsoners outSIde the metro area, is outside theIr scope of coverage tor transportmg pnsoners, and WHEREAS, the CIty has found alternatIve transportatIon m the past, those services no longer exist for the Pol1ce Department and Mumclpal Court; and WHEREAS, Jefferson County Sheriffs Office proVIdes thIS servIce to all Jefferson County agencies, It IS a cost savmgs service to the City of Wheat RIdge NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The CIty of Wheat RIdge agrees to enter mto an Interagency Governmental Agreement wIth the Jefferson County Sheriffs Office for the express purpose oftransportmg Wheat RIdge arrestees/pnsoners from JaIl facIlItIes outSIde the metro area, to the Jefferson County JaIl. . Cost for thIS serVIce, under the IGA for the tiscal year 2006 will be $75 00 for the tirst prisoner and $35 00 tor each additional pnsoner transported. . This contract will be re-negotiated each year to determme the transportation fee DONE AND RESOLVED THIS 12th DAY, December 2005 " J~rry DiTullio, Mayol' i , / ~." ,> L '-- L .~ ATTEST~~'~ am Anderson, City Clerk INTERGOVERNMENT AL AGREEMENT FOR PRISONER TRANSPORT SERVICES (Wheat RIdge) THIS AGREEMENT, dated for reference purposes only thIs 24th day of March, 2005, is entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"), for the use and benefit of the JEFFERSON COUNTY SHERIFF'S OFFICE (the "Shenffs Office") and the CITY OF WHEAT RIDGE, COLORADO (the "Clty")(collectively, the "Parties") WHEREAS, pursuant to the provIsIOns of C R.S ~29-1-203 and ~ 18(2)(a) of ArtIcle XIV of the Colorado ConstitutIOn, the County and the CIty are legally authonzed to cooperate and contract wIth each other for the purpose of mtergmcrr;mcntally provIding any functIOn. service or faCilIty authonzed to It, and to provide for the Jomt exercIse of the functIOn. service or facilities. and WHEREAS, the City IS authonzed as part of its governmental functIOns to request the issuance of wnts mandating the appearance of pnsoners m the JetTerson County County and Dlstnct Courts. and warrants for the arrest of persons who have VIOlated the laws of the State of Colorado withm the Junsdlction of the City (the "Wheat RIdge arrestees" or "arrestees"), and WHEREAS, the County IS authonzed as part of Its governmental functIOns to pick up and transport such persons to the Jefferson County DetentIon FaCilIty (the "FacIlIty"); and WHEREAS, the County and the CIty are desirous of cooperatmg WIth the County for transport or Wheat Ridge arrestees to the Facility for a mutually agreed upon price NOW, THEREFORE, for and in consideratIOn of the mutual promises, covenants and other good and valuable conSideration. the suffiCIency of which IS hereby acknowledged, the County and the City agree as follows. ARTICLE 1 Period of Agreement ThIS Agreement shall commence on January I, 2006 and shall continue to and mcluding December 31, 2006 The Agreement shall contmue from year to year thereafter untIl terminated by either party As thiS Agreement may contmue beyond the current year. the parties understand and intend that any finanCIal oblIgation contamed herem IS contll1gent upon each party's legislative bodies' authorization of funds. In the event any party fails to appropriate funds require hereunder, this Agreement shall terminate as of the last day of the calendar year for whieh funds have been appropriated. No expense incurred pursuant to this Agreement shall be construed to be a multi-year fiscal obligation nor a general oblIgation ll1debtedness within the meanll1g of any provision of ArtIcle X. Section 20 of the Colorado ConstItution. \ttorn~\i\Cuntlact\r\v Clll1tracts\Shcriff Arvada iga,transport.doc ARTICLE II Transport of Arrestees A. The Jefferson County Shenffs Officc TransportatIOn Umt (the ""Transportation Unit") WIll pIck up and transport Wheat RIdge arrestees to the Facility at the request of the City The City Will designate an employee of the Wheat Ridge Poltce Department to coordlllate the pick up and transport of Wheat Ridge arrestees with designated TransportatIOn Umt Personnel. B. The County, In Its sole discretIOn, may coordInate the transport of certmn Wheat Ridge arrestees outside the Denver metropolttan area with Transports Across Colorado, a network of law enforcement agencies worklllg In cooperatIOn to facllttate the transport of pnsoners. The CIty agrees to pay the County the full pnce. for tk transport of each Wheat Ridge arrestee, as set forth m Article III of thIs Agreement, whether or not Transports across Colorado is mvolved in the transport of that arrestee C. The County, m Its sole discretIOn, may refuse to pick up or transport any Wheat Ridge arrestee. ARTICLE III Payment A. The City shall pay the County seventy-tive dollars ($7500) for the transport of the first Wheat Ridge arrestee per tnp If addlttonal Wheat Ridge arrestees are transported m the same tnp, a charge of thirty-five dollars ($3500) for each addlllonal arrestee shall be assessed. B On a monthly basIs, the County shall provide a wntten lllVOlce to the City, detatlmg the number of transports and arrestees mcluded m each transport. The County and City shall work together to review and confirm the number of transports pnor to the submission of the Invoice to the City Payment shall be due thirty (30) days followmg the date of mVOlce C The County reserves the nght to increase the rates descnbed in ArtIcle III, paragraph A above, upon mutual agreement of the parties to thiS Agreement, which agreement shall be set forth m wnting and shall serve as an amendment to thiS Agreement. ARTICLE IV Termination ThiS Agrccment may be tcrmmated by either party upon wntten notice to the other party of its Intention to termmate thirty (30) days pnor to the effecttve date of terminatIOn. The County's obhgatlons to the City under this Agreement shall term mate upon termination of thiS Agreement. The City shall be obligated to pay for all transports prOVided by the County through the date oftermmatlon of this Agreement. 2 \ttorne\- \l onlract....Ev..' contracls\~hLrifr ;\rvaJa iga.transportuIH': - ARTICLE V No Liability To the extent permitted by law and without walvmg nghts provided under the Colorado Governmental Immunity Act or other la\\', the City shall hold and save the County, Its elected officials, agents and employees harmless, and shall mdemmfy the County from any costs, damages, clamls 1I1)unes or losses incurred by the City resulting from the provlSlon of transportation services under thiS Agreement. ARTIVLE VI Employment Status Neither thIS Agreemcnt !lor 3'1)' servlce~ perfcrmed hereunder shall constitute an) change m the employment status of any employees of the parties to thIS Agreement. It IS additIOnally understood and agreed that the City shall have no nght to control or direct the activitIes of any employee of the County dunng the performance of any services under thiS Agreement. Each of the parties shall, at Its own expensc, keep m full force and effect dunng the term of thiS Agreement, statutory workers' compensatIOn msurancc or adequatc self-insurance funds to proVide coverage for ItS own personncl. ARTICLE VII Amcndments to this Agreement ThiS Agreement constitutes the entire agreement between the County and the City and may only be amended in wntmg executed by both parties. ARTICLE VIII Officials Not To Benefit No elccted offiCial or employee of the County or the City shall be personally paid or personally receIve directly or mdirectly any share or part of this Agreement or any benetit that might anse therefrom. ARTICLE IX Venue and Governing Law Venue for any and all legal actions regardmg the transactIOns covercd herem shall he m the District Court m and for the County of Jefferson, State of Colorado, and thiS Agreement shall be governed by the laws of the State of Colorado 3 t\ttorncy\l ontract\E,-^; cuntracts\Shcriff Arvada iga.transporLdol: ARTICLE X Notices Any notice reqUired or permitted by thIs Agreement shall be In wnting and shall be deemed to have bcen sufficiently gIven for all purposes If sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notIce IS to be gIven at the address set forth belo~_ or at such other address as has been prevIously funushed III writing to the other party County Sergeant Al VorhIes TransportatlOn Umt Jefferson County Sheriffs Office 200 Jeffcf';on County Parkway Golden. Colorado 80401 CIty City of Wheat Ridge 7500 West 29th Avenue Wheat RIdge. Colorado 80033 ARTICLE XI Assignment ThIS Agreement may not be assigned by elthcr party without the pnor wntten consent of the other party IN WITNESS WHEREOF, the PartIes hereto have executed thiS Agreement. TY OF JEFFERSON E OF COLORADO ~ ,": :!/ By I. b. rYlvR- T.B. Mink.. Sheriff Date 01-10-0(0 APPROVED AS TO FORM c.J (~ ( 4 t\ltorncy\Cllntract\E\V l.:nntracts\~heritf Arvada iga.transport.dLH: ATTEST. ~) >" "'~'~-v Pamela Anders /' ."'- ::PR~afJ6J~ Gerald E. Dahl. City Attorney 5 AttornC\'llolltract\f'W clHltraclsIShcritT '\rvada iga transport.doc - CITY OF WHEAT RIDGE, COLORADO By Date ~_.... ., ; //. i ' i'-I Cr. t..- , Jyrry DITullio, Mayor ( Tic, ,- e"..... l-x, 1'2 , '2u,,", ~ ,