HomeMy WebLinkAbout780880.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, the Board of County Commissioners deems it ad-
visable and in the best interest of Weld County to enter into
such an agreement.
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 22nd day of
October, A.D. , 1I979.
ATTEST: ��l t . ��` � ''t
�` WELD COUNT YO,OF COLORADO TY SSIONERS
Weld County Clerk and Recorder / dent ar—
and.dlez.�C to the Boptd ` Norman Carlson, Chairman
1
.- � ,l�
Deputy County C 1Ly a Dunbar
AP I ED AS TO FORM: `7t t `7
jC. W. Kirby
County Attorney 4�K�.Cuc r cC ;at
L nard L. Roe
/ .0
e K. Ste]. mark
DATE PRESENTED: OCTOBER 22 , 1979
780880
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AGREEMENT
THIS AGREEMENT, made this 4th day of Sentember
1979, 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 facility
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 incarceration of its prisoners ;
and
WHEREAS, in accordance with C.R.S. , 29-1-203 , political
subdivisions may cooperate or contract with one another to pro-
vide 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
Agreement.
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
arrested 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 responsibility 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
arraignment, 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 expenses incident to
providing housing, food, clothing, supervision and
ordinary health care for said persons and shall main-
tain 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. Extra-
ordinary health care shall be the responsibility of the
City. Persons arrested and confined for a violation of
a Municipal Ordinance shall be confined and maintained
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
confinement therein, the City agrees to pay the following
charges:
(a) Twenty-Five Dollars ($25.00) for each day (except as
provided in paragraph (b) below) that a person is
lodged in the County jail for violation of Munici-
pal Ordinances . For purposes of this Agreement, a
person will be considered to have been "lodged" in
County jail when he is confined 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.
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(b) Up to Five and 50/100 Dollars ($5 . 50) may be charged
for processing persons whether they are incarcerated
or released. The fee stated in this paragraph may
be waived at the County 's sole option.
(c) Any medical expenses incurred in excess of normal
medical care on behalf of a person charged and con-
fined only on a Municipal Ordinance violation shall
be reimbursed by the City.
(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 results 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
transportation to Court, processing or otherwise, the
maintenance and custody of those persons shall be the
responsibility of the said City personnel and the Sheriff
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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 August, 1979 , and terminating
on the 14th day of August, 1980 , 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.
EXECUTED ON the day and year first above written.
�1a.- , -Taal j BOARD OF COUNTY COMMISSIONERS
ATTEST: `'`^^��il' WELD COUNTY, COLORADO
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Weld County Clerk and Recorder By: t;c��._
and Clerk to the Board -.\/ Chairman
L Rh' / fti;1/1 �� /4 (// ^- I Gc
f Dptity Cou�fty Cl dr
€' OS TO FORM:
e7County Attorney
ATTEST: fil CITY OF EELEY, COLORADO
e arr, By:
City Clerk or
APPROVED Thirity Mahgr j City ttorn
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GREELEY CIVIC CENTER October 15 , 1979 o E C E I V E
GREELEY. COLORADO 80631
PHONE 1303, 3536123
0CT 1 7 1979
Weld County
Centennial Center WELD COUNTY
Greeley , Colorado 80631 ATTORNEYS OFFICE
ATTENTION : Mr . Russ Anson , Assistant County Attorney
RE : Weld County Jail Facility Agreement
Dear Mr . Anson :
Enclosed is the original and a copy of the above
referenced agreement between the City and the County for
the term August 15 , 1979 through August 14 , 1980 . Also
"enclosed is a copy of Resolution Number 46 , authorizing
the agreement .
Please have both copies of the agreement signed by
the appropriate officials and return the original to
this office .
Thanks for your cooperation and attention to this
matter.
Sincere/ly,,.weaid.Gayle Voss
City Clerk
GV : dp
Enc .
"A COMMUNITY OF PROGRESS"
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