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HomeMy WebLinkAbout02- Mountain Peaks Inc.; Misdemeanor Supervision .. . ~ ~'>, j . AGREEMENT FOR MISDEMEANOR SUPERVISION SERVICES BETWEEN THE CITY OF BOZEMAN AND MOUNTAIN PEAKS INCORPORATED Recitals The City of Bozeman is a governmental entity of the State of Montana. The City of Bozeman operates a Municipal Court which has jurisdiction over misdemeanor crimes committed within the City. The Court periodically imposes probationary sentences per conditions of bail on defendants that need to be supervised. Additionally, the City received a grant to pay for the supervision of individuals charged with PartnerIFamily Member Assault or situations involving domestic violence. The City would like an entity to supervise these defendants prior to conviction or who receive probationary sentences. Mountain Peaks is a for-profit corporation incorporated in the State of Montana and provides community-based corrections programs in the City of Bozeman and Gallatin County. It has the ability to supervise the defendants subject to the City's grant. Mountain Peaks would like to have the opportunity to supervise defendants who are charged with or convicted of misdemeanors in the City of Bozeman Municipal Court who receive bond conditions or probationary sentences. Except as provided within this agreement, Mountain Peaks would not charge the City for the supervision of defendants. The City of Bozeman and Mountain Peaks enter into this agreement for Mountain Peaks to supervise defendants in the Municipal Court as ordered by the Court who are charged with or convicted of violations of certain state codes including but not limited to ~~45-5-201; 45-5-206; 45-5-207; 45-5-220; 45-5-502; 45-5-622; 45-5-623; 45-5-626; 45-5-627; 45-6-101; 45-8-101; 45-8-213; or any charge in which violence of any type toward a partner or family member is alleged as a factual element of the criminal act. Terms Parties THIS AGREEMENT is hereby made and entered into this ~ day of Septembe~ 2002, by and between the City of Bozeman, a municipal corporation of the State of Montana, located at 411 East Main Street, Bozeman, Montana, 59715, and Mountain Peaks, Inc., a Montana for- profit corporation located at 202 S. Black Ave, Suite 6, Bozeman, Montana 59715. Purrose A. The City of Bozeman applied for and received a law enforcement grant for one year. The purpose of the grant is to pay the salary for one employee whose job it would be to supervise defendants charged with or convicted of a crime in which domestic violence is alleged. The supervision of these defendants would be both pre- and post conviction in order to ensure the safety ofthe alleged victims in all cases. B. The City of Bozeman hereby agrees to pay to Mountain Peaks up to $32,285.00 per year through June 30, 2003. This amount will be used to pay the salary, fringe benefits and all other costs associated with the employment of one employee. The employee's primary job duties will ----.--.---.".-- . ~ ~ . be to supervise defendants referred to Mountain Peaks for supervision by the Bozeman Municipal Court, Gallatin County Justice Court, Belgrade City Court, Manhattan City Court and Three Forks City Court who have been charged with or convicted of 9945-5-201; 45-5-206; 45- 5-207; 45-5-220; 45-5-502; 45-5-622; 45-5-623; 45-5-626; 45-5-627; 45-6-101; 45-8-101; 45-8- 213; or any charge in which domestic violence of any type is alleged as a factual element of the criminal act. Additionally, where ordered by the Court, the employee will complete a pre- sentence investigation report in accordance with the provisions ofMCA 9946-18-111, 46-18-112 and 46-18-113. C. Mountain Peaks will cooperate with the Courts to develop a standard referral form. At a minimum, the form will identify the defendant, the term of the sentence and the conditions of the sentence. Supervision A. Mountain Peaks agrees to assign the employee paid under the terms oftms agreement to supervise these defendants referred to it for supervision in order to ensure the defendant complies with the conditions of his or her bond or probationary sentence for the duration ofthe sentence, until the defendant is found not guilty by a Court or Jury, the Defendant has successfully completed the probationary period or until otherwise relieved of the duty by the referring Court. B. The Court will have the sole discretion to make referrals and is not obligated to refer defendants to Mountain Peaks. Mountain Peaks will provide supervision to all defendants referred to it under the terms of this agreement provided that at no time the number of individuals under supervision exceeds eighty (80). Mountain Peaks further agrees to notify the Court when the number of individuals it is supervising equals or exceeds eighty (80). C. Mountain Peaks will treat all defendants with dignity and respect. It will provide ethical and professional services. It will monitor defendants' compliance with the conditions of their bonds or probationary sentences. It will not alter or modify the conditions of the probationary sentence. The City will impose the conditions. Mountain Peaks will ensure compliance with those conditions. Mountain Peaks will comply with the supervision requirements of the Montana Code Annotated. Currently Sections 46-23-1005(2)(b) and 46-23-1011 of the Montana Code Annotated contain the supervision guidelines for misdemeanor probation officers. At the discretion of the Court(s), Mountain Peaks may collect the fines, restitution and surcharge imposed on defendants and forward the money to the Court. If Mountain Peaks collects any money to be forwarded to the Court, Mountain Peaks will carry a surety bond in the amount of $750,000.00 to ensure the money is forwarded to the Court. The requirement Mountain Peaks carry a surety bond is contingent on the collection of money to be forwarded to the Court. If Mountain Peaks does not collect money to be forwarded to the Court, Mountain Peaks does not have to carry a surety bond. Mountain Peaks does not have to carry a surety bond to collect its fees. Mountain Peaks will collect its fees directly from the defendants. Violation Mountain Peaks will provide a written report to the appropriate prosecuting attorney's office . .. . . when it determines a defendant has violated a condition of his or her probationary sentence and some remedial action should be taken because of the violation. The prosecutor will have the sole discretion whether to file a petition to revoke a sentence. Mountain Peaks may arrest a defendant for a probation violation without an arrest warrant as authorized under the Montana Code Annotated. If Mountain Peaks arrests a defendant for a probation violation, it will immediately provide the prosecuting attorney's office with a written report of the violation. The report will clearly indicate that the defendant has been arrested without an arrest warrant issued by a court and has been detained in the detention facility without bail. The prosecuting attorney will be responsible for making arrangements for the defendant to appear before the Court for the Court to set bail. Mountain Peaks will not conduct intervention hearings. Revocation Mountain Peaks will cooperate with the appropriate prosecutor with any petition to revoke a probationary sentence by providing any documentation necessary to pursue revocation. Additionally, it will make its probation officers or any other employees available for any interviews and hearings. Completion Mountain Peaks will report to the Court and the appropriate prosecutor when a defendant has successfully completed his or her probationary sentence or bond. Documentation Mountain Peaks will document its supervision of defendants. It will make its documentation available to the Court and the prosecution upon request. It will retain its documentation for five years from the date oftermination of supervision. Oualifications for Probation Officers Mountain Peaks' probation officers will meet the qualifications required for misdemeanor probation officers under the Montana Code Annotated. If, during the duration of the agreement, the qualification requirements for misdemeanor probation officers change, Mountain Peaks will ensure that its probation officers still comply with the qualifications. Currently, Sections 46-23- 1005(2)(a) and 46-23-1003 of the Montana Code Annotated contains the qualifications required of misdemeanor probation officers. Indeoendent Contractor Mountain Peaks is an independent contractor. Nothing in this agreement shall be construed to be inconsistent with this relationship. Mountain Peaks will have the discretion over how it supervises defendants. The City only insists that Mountain Peaks follows the applicable law with its supervision. Mountain Peaks' employees are not employees of the City. Mountain Peaks will make its own employment decisions. Mountain Peaks will compensate its employees. Mountain Peaks will be responsible for providing workers' compensation coverage for its employees and make the applicable tax contributions for it s employees. The City will not make employment decisions for Mountain Peaks. The City will not compensate Mountain Peaks' employees. The City will not provide worker's compensation coverage for Mountain Peaks' employees or make the applicable tax contributions for Mountain Peaks' employees. - - .-.".....---.----...- .. . . . Indemnification Mountain Peaks agrees to indemnify, defend and hold the City of Bozeman, it's officials and employees, harmless from any and all expenses, cause or causes of action, damages, suits, claims, judgments and liability, including but not limited to personal injury, illness, death, property damage, and charges, of whatever kind, name or nature, resulting from or arising out of the terms ofthis agreement. Insurance For the duration of the agreement, Mountain Peaks will maintain and pay for a comprehensive liability insurance policy affording protection for both Mountain Peaks and naming the City of Bozeman as additional insured. Said insurance policy must be with the limits contained in Section 2-9-108 of the Montana Code Annotated. Currently, the limits provided for in Section 2- 9-108 of the Montana Code Annotated are $750,000.00 for each claim and $1,500,000.00 for each occurrence. If the Legislature changes the limits provided for in Section 2-9-108 of the Montana Code Annotated, Mountain Peaks shall change the limits on its policy. The intent of this provision is for Mountain Peaks to have enough insurance coverage to pay any possible claim against the City for Mountain Peaks' conduct under the agreement. At the commencement of the agreement, Mountain Peaks will provide the City with proof of liability insurance. If, during the duration of the agreement, Mountain Peaks changes its liability insurance coverage, it will notify the City ofthe changes. For the duration of the agreement, Mountain Peaks will maintain and pay for workers' compensation insurance, unemployment insurance and any other insurance required by state and federal law on its employees including the employee paid for under the terms of this agreement. At the commencement of the agreement, Mountain Peaks will provide the City with proof of workers' compensation insurance. If, during the duration of the agreement, Mountain Peaks changes its worker's compensation insurance coverage, it will notify the City of the changes. Compensation Except as provided in this agreement, Mountain Peaks will not receive any compensation from the City for the supervision of defendants. Mountain Peaks intends to further finance the program through fees assessed against defendants for the service. Compliance with Laws. Rules or Regulations The parties shall comply with all applicable federal and state laws, rules, and regulations. Pursuant to Sections 49-2-303 and 49-207 of the Montana Code Annotated, no part of this contract may be performed in a manner which discriminates against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin by the person performing the agreement. Any hiring must be on the basis of merit and qualification directly related to the requirements of the particular position being filled. Limitation of Assignment This agreement and any right or obligation of this agreement shall not be assigned by either party without the express prior written consent of the other party. . ~ . . Mutual Cooperation The parties shall cooperate with one another to facilitate the purpose of the agreement. Venue - Controlling Law This agreement shall be governed by the laws of the State of Montana. Venue for any suit arising in whole or in part out of this agreement shall be exclusively in the Eighteenth Judicial District, Gallatin County Montana. Attornev's Fees In the event it is necessary for any of the parties hereto to bring any action to enforce the tenns and covenants of this agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney fees including fees and salary paid to the City Attorney or other in-house counsel. Additional Documents The parties shall execute any documents prior to and after the effective date of this agreement, which may be required to implement the tenns and intent of this agreement. V oluntarv Agreement This agreement is entered into voluntarily, with each party, through its governing board, having read and approved the same upon an independent consideration of its terms and conditions. Binding Effect This agreement shall be binding on the successors and assignees of the parties. Superseding Effect This agreement supersedes all oral or written agreements between the parties and constitutes the entire agreement between the parties. Notices and Correspondence All notices and correspondence shall be sent by either party to the other in all matters dealing with the agreement to the following addresses: For The City of Bozeman: For Mountain Peaks: Department of Public Safety Mountain Peaks, Inc. Attn: Sergeant Darcy Dahle Attn: Eric Bryson 615 South 16th Ave 202 S. Black Ave. Suite 6 Bozeman, MT 59715 Bozeman, Montana 59715 Telephone (406) 582-2036 Telephone: (406) 556.1008 Fax (406) 582-2002 Fax: (406) 556. Severability The provisions of this Agreement are severable and the invalidity or unenforceability of any provision of the Agreement shall not affect or impair any other provision. ^, " ,- Effective Date/Tennination Unless otherwise tenninated, this agreement shall tenninate on June 30, 2003. In addition to the foregoing, either party may tenninate the agreement with sixty days written notice to the other party of the intent to tenninate the agreement. A party does not need to cause to tenninate the agreement. Dated this _?L day of September 2002. ATTEST: BY: City of Bozeman ~ \ ~ Clark Johnson, City Manager ATTEST: ~X~ Robin L. Sullivan, Clerk of Commission