HomeMy WebLinkAbout780878.tiff RESOLUTION
RE: APPROVAL OF THE AGREEMENT BETWEEN THE CITY OF GREELEY AND
THE COUNTY OF WELD FOR LEASE OF JAIL SPACE IN THE WELD
COUNTY JAIL.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter , is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the City of Greeley, Colorado has expressed its
desire to enter into a contract with the County of Weld for
the leasing of jail space in the Weld County jail, and
WHEREAS, a contract has been drawn and executed by the
Board of County Commissioners and has been forwarded to the
City of Greeley for its approval and execution, and
WHEREAS, the Board of County Commissioners deems it ad-
visable and in the best interest of Weld County to enter into
such an agreement, a copy of which is attached hereto and in-
corporated herein by this reference.
NOW, THEREFORE , BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that said Board does
approve of the Agreement by and between the City of Greeley and
the County of Weld, and authorizes the Chairman of the Board to
execute the same.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 8th day of
March, A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ��u;9' ,vv,.: 'WL , 2 WELD COUNTY, COLORADO
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Weld County Clerk and Recorder
and\ Clerk to the card
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Byrd_ �
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, Deputy Cou -by Clerk /I OVER AS TO FORT ( ' _ _ ��
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County Attorney
Date Presented: March 20 , 1978
780878
AGREEMENT
THIS AGREEMENT, made this 8th day of March
1978 , by and between THE CITY OF GREELEY, a home rule city in-
corporated under the laws of the State of Colorado, hereinafter
referred to as the "City" ; and THE COUNTY OF WELD, a political
subdivision of the State of Colorado, hereinafter referred to
as the "County" .
WITNESSETH:
RECITALS
WHEREAS, the City does not desire to maintain a jail fac-
ility and wishes to use the County jail and the services of the
Sheriff of the County of Weld; and
WHEREAS , the joint use of the County jail facilities would
provide increased efficiency for both parties ; and
WHEREAS, in accordance with CRS 31-15-401 (k) , 1973 , as
amended, the City may, with the agreement of the County Commis-
sioners , use the County jail for the incarceration of its pris-
oners; and
WHEREAS , in accordance with C.R.S . , 29-1-203 , political
subdivisions may cooperate or contract with one another to provide
any function, service or facility lawfully authorized to each of
the corporations or contractory units; and
WHEREAS, in order to set forth clearly the responsibilities ,
obligations , powers and rights of each of the parties , the City
Council and the County Commissioners hereby enter into this Agree-
ment.
COVENANTS
NOW, THEREFORE, in consideration of the recitals , promises
and covenants herein set forth, and other good and valuable con-
sideration herein receipted for, the parties agree as follows :
1. The County agrees to accept custody of all persons ar-
rested for violation of Municipal Ordinances and brought to the
County jail by the appropriate officers of the City. If any of
these persons needs medical attention , it shall be the responsi-
bility of the City' s officers to escort them to the hospital or
elsewhere for appropriate medical treatment. The County shall
keep and maintain custody of any City prisoner awaiting arraign-
ment, trial or sentencing or who has been ordered confined to
the County jail under a sentence by the Municipal Court of the
City. While any- such person is confined in the County jail and
prior to being lawfully released, the County shall pay all ex-
penses incident to providing housing, food, clothing, supervision
and ordinary health care for said persons and shall maintain
such prisoners as may be required by law. The County shall notify
the City in the event of any actual or potential extraordinary
health care expenses. Extraordinary health care shall be the
responsibility of the City. Persons arrested and confined for
a violation of a Municipal Ordinance shall be confined and main-
tained by the Sheriff in the same manner as other prisoners
charged with similar offenses.
2. For each person arrested by the City for violation of
Municipal Ordinances and brought to the County jail for confine-
ment therein, the City agrees to pay the following charges :
(a) Fifteen Dollars ($15 . 00) for each day (except as
provided in paragraph (b) below) that a person is lodged
in the County jail for violation of Municipal Ordinances .
For purposes of this Agreement, a person will be consid-
ered to have been "lodged" in County jail when he is con-
fined in the appropriate cell block of the County jail
facility. The term "day" , as used in this Agreement, shall
start as of the time of entry on the Jail Log and end 24
hours later. The City shall be charged for a "day" for
any time period less than 24 hours .
(b) Up to Five Dollars and 50/100 ($5 . 50) may be charged
for processing persons whether they are incarcerated or re-
leased. The fee stated in this paragraph may be waived at
the County ' s sole option.
(c) Any medical expenses incurred in excess of normal
daily medical care on behalf of a person charged and con-
fined only on a Municipal Ordinance violation shall be re-
imbursed by the City.
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(d) The within charges shall be paid only for those
persons charged and confined only on a Municipal Ordinance
violation. If said person is charged with violations
from other jurisdictions , the within specified fees shall
not be applicable.
3. It is expressly understood and agreed by the parties
hereto that the only expenditures to be made by the City under
and by virtue of this Agreement shall be the charges and fees
hereinabove specifically provided for.
4 . For the implementation of the Agreement, the City Chief
of Police is hereby designated as agent for the City and the
Sheriff for the County.
5. The City agrees to indemnify and hold harmless the
County, its agents and employees from and against all claims ,
suits, damages, costs, losses and expenses, including attorney
fees incurred in defending any action which in any manner re-
sults from or arises out of the lawful exercise of their duties ,
as set forth hereunder, in the booking and/or detention of
persons brought to the County jail by the City for violation
of Municipal Ordinances.
6. Transportation of persons in custody for violation of
a Municipal Ordinance is the responsibility of the City. At
such time as they are released to City personnel for transpor-
tation to Court, processing or otherwise, the maintenance and
custody of those persons shall be the responsibility of the said
City personnel and the Sheriff shall be relieved therefrom
while said person is in the custody of City personnel.
7 . This Agreement shall be effective for a period com-
mencing on the 15th day of March, 1978, and terminating on the
15th day of March, 1979, unless terminated earlier by mutual
agreement. This Agreement may not be enlarged, modified or
altered except in writing, signed by the parties as an amend-
ment hereto.
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EXECUTED ON thethe day and
d year first above written.
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ATTEST: Q BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO
Weld County Clerk and Recorder%aa Clerk to the bard By: 2�4_ /<_,z-4 t.
Chairman
By;,9 -1 � : ' y1 ')�G
Deputy County Clerk 7
VED A TO FO \
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County Attorney
ATTEST: CITY OF GREELEY, COLORADO
By :
City Clerk Mayor
APPROVED
City Manager City Attorney
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