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Home My WebLink About780879.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO PARAGRAPH 5 OF THE AGREEMENT BE- TWEEN 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, on the 8th day of March, 1978 the Board of County Commissioners approved an agreement between the City of Greeley and the County of Weld for the lease of jail space in the Weld County Jail , and WHEREAS, it has been recommended that paragraph 5 of said agreement be amended to read as follows : "5. The County agrees to maintain Police Professional Liability insurance coverage during the term of this Agreement, such coverage to be comparable to the County's insurance in effect at the date of this Agreement. 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, from or arising out of the actions of City employees, officers or agents, in any manner involving arrest, booking, and/or detention of persons brought to the County jail by the City for violation of Municipal Ordinances, unless such in- cident is covered by insurance policies held by the County". WHEREAS, the Board of County Commissioners deems it advisable and in the best interest of Weld County to amend Paragraph 5 with the new language as quoted above, to the Agreement between the City of Greeley and the County of Weld for lease of jail space in the Weld County jail . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that said Board does approve of the amendment of paragraph 5 , as stated above , to the Agreement by and between the City of Greeley and the County of Weld for lease of jail space in the Weld County jail . The above and foregoing Resolution was , on motion duly made 780879 • and seconded, adopted by the following vote on the 8th day of May, A.D. , 1978 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: '1)1a f f c�W;k.en/ Weld County Clerk aid ecorder and Clerk to the rd BY: ac Deputy County lerk AP OV AS TO FORM: County Attorney Date Presented: May 10 , 1978 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 lc I , 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. -2- (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 specificed fees shall not be applicable. 3 . If is expressly understood and agreed by the parties hereto that the only expenditures to be made by the City under and virtue of this Agreement shall be the charges and fees herein- above specifically provided for. 4 . For the implementation of this Agreement, the City Chief of Police is hereby designated as agent for the City and the Sheriff for the County. 5. The County agrees to maintain Police Professional Liability insurance coverage during the term of this Agreement, such coverage to be comparable to the County' s insurance in effect at the date of this Agreement. 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 , from or arising out of the actions of City employees , officers or agents , in any manner involving arrest, booking, and/or detention of persons brought to the County jail by the City for violation of Municipal Ordinances , unless such incident is covered by insurance policies held by the County. 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 transportation to Court, processing or otherwise , the maintenance and custody of those per- sons 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 commencing 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 amendment hereto. -3- EXECUTED ON the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNT COLORADO Weld County Clerk and Recorder Q a Clerk to the card �� By: _y , �rl Chairman By;� O-v, -k G t /(y".a / 1Deputy County Clerk >P-fi VED A TO FO • I ' V BY. C County Attorney ATTEST: CITY OF GREELEY, COLORADO By: City Clerk Mayor APPROVED City Manager City Attorney jv' -4- I i • 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 lreferred to as the "City"; and THE COUNTY OF WELD, a political subdivision of the State of Colorado, hereinafter referred to j 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 AAr provide increased efficiency for both parties; and - d 9 WHEREAS, in accordance with CRS 31-15-401(k) , 1973, as I amended, the City may, with the agreement of the County Commis- 1 sioners, use the County jail for the incarceration of its pris- ( oners; and I I, WHEREAS, in accordance with C.R.S., 29-1-203, political I I subdivisions may cooperate or contract with one another .to provide 1 any function, service or facility lawfully authorized to each of 1 the corporations or contractory units; and 1 ! I WHEREAS, in order to set forth clearly the responsibilities, .• obligations, powers and rights of each of the parties, the City 1 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 1. The County agrees to accept custody of all persons ar- t t I 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- e bility of the City's officers to escort them to the hospital or i 4 t i 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- ' j penses incident to providing housing, food, clothing, supervision I 1 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 1 ' responsibility of the City. Persons arrested and confined for a violation of a Municipal Ordinance shall be confined and main- 1 tained by the Sheriff in the same manner as other prisoners charged with similar offenses. ( j 2. For each person arrested by the City for violation of I Municipal Ordinances and brought to the County jail for confine- 1 I I went therein, the City agrees to pay the following charges: ' (a) Fifteen Dollars ($15.00) for each day (except as i provided in paragraph (b) below) that a person is lodged 3 1 in the County jail for violation of Municipal Ordinances. 1 For purposes of this Agreement, a person will be consid- I { eyed to have been "lodged" in County jail when he is con- t ' fined in the appropriate cell block of the County jail 11 facility. The term "day", as used in this Agreement, shall I . start as of the time of entry on the Jail Log and end 24 i I hours later. The City shall be charged for a "day" for I I 1 any time period less than 24 hours. I (b) Up to Five Dollars and 50/100 ($5.50) may be charged 1 I for processing persons whether they are incarcerated or re- a 4 leased. the fee stated in this paragraph may be waived at 1 t the County's sole option. I I (c) Any medical expenses incurred in excess of normal i daily medical care on behalf of a person charged and con- 4 fined only on a Municipal Ordinance violation shall be re- 4 imbursed by the City. ; . Go 1 -2- I (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 specif iced fees shall not be applicable. 3. If is expressly understood and agreed by the parties hereto that the only expenditures to be made by the City under and virtue of this Agreement shall be the charges and fees herein- . I above specifically provided for. 4. For the implementation of this Agreement, the City Chief of Police is hereby designated as agent for the City and the Sheriff for the County. 5. The County agrees to maintain Police Professional Liability insurance coverage during the term of this Agreement, such coverage 4 to be comparable to the County's insurance in effect at the date of 1 this Agreement. The City agrees to indemnify and hold harmless the C County, its agents, and employees from and against all claims, suits, damages, costs, losses, and expenses, from or arising out of the } actions o£ City employees, officers or agents, in any manner involving arrest, booking, and/or detention of persons brought to the County I jail by the City for violation of Municipal Ordinances, unless such Iincident is covered by insurance policies held by the County. I6. 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 transportation to Court, t processing or otherwise, the maintenance and custody of those per- 1 i sons shall,be the responsibility of the said City personnel and the I Sheriff shall be relieved therefrom while said person is in the I custody of City Personnel. I I 7. This Agreement shall be effective for a period commencing \ on the 15th day of March, 1978, and terminating on the 15th day of I 1 March, 1979, unless terminated earlier by mutual agreement. This i 4 I Agreement may not be enlarged, modified or altered except in writing, { 1 i signed by the parties as an amendment hereto. 4 4 I i 6r I _3_ EXECUTED ON the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNT COLORADO Weld County Clerk and Recorder ' (J L Clerk to t e Card By: s!,/ / • Chairman — Deputy oun erk VEDA TO FO •0 1 - County Attorney ATTEST: 9 , • CITY OF REELEY♦ COLORADO x'//11("To MayoC OVED 2-7 City Manager - City At orb 1 1 . 1 { 1 1 -4- I d 1 "..S ?VP - V volitioraper ----_________, .1 arriantin 5, 1�� . ,�„� _ it x 4 , , _ •":5P-t ,.- irJ GREELEY CIVIC CENTER GREELEY. COLORADO 80631 PHONE (303) 353-6123 June 16, 1978 Weld County Board of Commissioners Weld County Centennial Center P. O. Box 758 Greeley, Colorado 80632 Gentlemen: This is to inform you that the City Council, during their regular meeting held on June 6, 1978, approved and executed the Agree- ment between the City of Greeley and County of Weld for the use of the County jail. Also enclosed is a copy of Ordinances No. 26, 1978. We trust this is the information you need for your records. Sincerely, Gayle Voss City Clerk set Enclosures (2) "A COMMUNITY OF PROGRESS" ff��,, - 6,,,,,1J hI iG ��a//'f y atitroris Via" 4 ♦'atk •1/4az�'+]p��r .:4.01" y(C ! C � m,‘ • GREELEY CIVIC CENTER GREELEY. COLORADO 00631 PHONE (303) 3536123 May 18, 1978 Weld County Board of Commissioners Weld County Centennial Center P. O. Box 758 Greeley, Colorado 80631 Gentlemen: This is to inform you that the City Council, at their May 16, 1978, meeting, passed on first reading an ordinance authorizing the Mayor and appropriate City officials to sign an agreement with Weld County for the use of the County jail. The ordinance will be considered on second and final reading at the June 6, 1978, Council meeting and will become effective five days after final publication. Sincerely, jAirte /FL Gayle Voss City Clerk GV/sc t AuC9tl1� cc: Weld County Sheriff t1 - SDI VIE M Ay 22 1979 conart. coati "A COMMUNITY OF PROGRESS" TILE CITY OF GREELEY, COLORADO ORDINANCE NO. 26 , 1978 • AN ORDINANCE AUTHORIZING THE MAYOR AND APPROPRIATE CITY OFFICIALS TO SIGN AN AGREEMENT WITH WELD COUNTY FOR THE USE OF THE COUNTY JAIL. WHEREAS, the City does not desire to maintain a jail facility , because such a facility operated by the City is not an efficient use of resources ; and WHEREAS, the. County has a jail facility which could provide increased efficiency for both parties ; and WHEREAS, it is the finding of the City Council of the City of Greeley , Colorado that the attached agreement will facilitate this objective . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: Section 1. Pursuant to Section 3-7 of the Greeley Charter the Mayor and appropriate City officials are hereby authorized to enter into an agreement with Weld County to provide jail services for Municipal prisoners . Said agreement shall provide a daily payment for the lodging of prisoners in the jail facility and a processing fee to be charged to the City for each prisoner . Said agreement is attached hereto and incorporated herein by reference. Section 2 . This ordinance shall become effective five (5) 'days after its final publication as provided in Sections 3-16 and 3-17 of the Greeley Charter. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 6th DAY OF June , 1978 . �7 THE CITY OF GREELEY , COLORADO ORDINANCE NO. 26 , 1978 ATTEST: THE CITY OF GREELEY, COLORADO kid f ) BY ^/ City Clerk Mayor APPROVED: �� L: 7 •� ��//TIlf<e) City Manager Cit Attorney _2- Hello