CITY 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. Page 1 of27 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; Page 2 of27 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.