HomeMy WebLinkAbout20081071.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR INMATE HOUSING UNIT AND AUTHORIZE
CHAIR TO SIGN - COLORADO RESOURCE SYSTEMS (CRS)
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 Board has been presented with a Lease Agreement for Inmate Housing
Unit between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, and Colorado
Resource Systems(CRS),commencing upon full execution,with further terms and conditions being
as stated in said lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Lease Agreement for Inmate Housing Unit between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Weld County Sheriff's Office, and Colorado Resource Systems (CRS) be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
. Elsa ELD COUNTY, COLORADO
ATTEST: iltag � G,�✓
Ili Jerke, Chair
Weld County Clerk to the Board,. ,
t, .,N`
(L( 1 Er{ R be7as*e , PTem
BY. ( Q � 9Dep Cle to the Boar i
William F. Garcia
RO D ORM: EXCUSED
David E. Long
o y Attorney
Libik% Dougl Rademac er
Date of signature: l
2008-1071
SO0029
�� � 50, cC' as//'r/oa-
CRS Lease; 7/01/08
LEASE
/D ix
THIS LEASE is made and entered into this / — day of /71,n/ , 2008, by and
between the COUNTY OF WELD, a political subdivision of the State of Colorado, by and
through the Board of County Commissioners of the County of Weld, on behalf of the Weld
County Sheriff's Office, hereinafter referred to as "Lessor," and Colorado Resource Systems,
Inc., a Colorado Corporation,hereinafter referred to as "Lessee".
It is expressly understood by the parties that this lease is contingent on the Community
Corrections Board of Weld County's acceptance of Lessee's proposal to provide community
corrections services to all offenders who are referred to said Board by the Colorado Division of
Criminal Justice; however, if the Community Corrections Board of Weld County awards a
contract for services to less than all of the offenders referred to that Board, Lessee shall have no
obligation under this Lease. It is further understood by the parties that Lessee does not intend to
lease the facility on a permanent basis, but intends to secure a permanent facility of its own
within twelve months of the execution of this lease.
WITNESSETH:
That in consideration of the keeping and performance of the covenants and agreements
by Lessee, hereinafter set forth, Lessor hereby leases unto Lessee one inmate housing unit
located at the North Jail Complex, 2110 O Street, Greeley, Colorado hereinafter referred to as
"the facility". Lessor and Lessee understand that the facility shall consist of a fifty-two (52) bed
housing unit for same sex occupants; it is further understood that occupancy of the facility shall
not exceed fifty-two (52) residents.
1. Lessee, in consideration of the leasing of the aforesaid facility, covenants and agrees, as
follows:
a. Rent will be paid by Lessee to Lessor at the rate of Three Hundred and Forty-
Two and 32/100 Dollars per day. Rent will be paid on the first day of each month
for the leased days in the preceding month.
b. Lessor will provide meals for all residents of the facility; Lessee will pay Lessor
for said meals at the rate of$1.05 per meal. The meal charges will be paid on the
first day of each month for the meals provided in the preceding month.
c. To use ordinary care when using the facility;
c. To sublet no part of the facility;
d. To use the facility for no purpose other than conducting the business of a
community corrections center;
e. To keep the facility clean and in a sanitary condition;
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CRS Lease; 7/01/08
f. To allow Lessor at any reasonable hour of the day to enter into or upon the
facility.
g. Except as provided in Paragraph 2.k. below, Lessee shall be solely responsible
for all medical care provided to the offenders residing within the facility, and
shall be solely responsible for the dispensing of any medications needed by said
offenders.
h. Lessee shall be responsible for the cost of all repairs to the facility, including the
building, fixtures, equipment and furnishings, which are required by damage
caused by offender misuse, abuse, and criminal acts.
i. Lessee shall provide a bond in the amount of five thousand dollars ($5,000.00), to
cover the cost of repairs described in paragraph 1.h. above.
j. Lessee shall provide all staff required for the supervision of the offenders in the
facility.
k. Lessee is solely responsible for providing the program and management required
of a community corrections facility; except as specifically set forth in this Lease
Agreement, Lessor shall be under no obligation to provide services relating to the
operation of a community corrections institution.
1. Lessee agrees to indemnify and hold harmless Lessor and its agents from any and
all claims, suits, expenses, damages or other liabilities, including reasonable
attorney fees and court costs arising out of damage or injury to persons, entities
or property caused or sustained by any person or persons as a result or any
intentional or negligent act by Lessor or Lessee, or by any of the inmates held by
Lessor or offenders held by Lessee.
m. Lessee agrees to abide by all applicable laws and regulations or any
governmental entity, board (including the Community Corrections Board of Weld
County), commission or agency having jurisdiction over the leased premises.
n. Tenant shall procure and maintain comprehensive public liability insurance
providing coverage from any and all loss occasioned by an accident or casualty
on or about the leased premises. Said liability policy shall be written on an
"occurrence basis" with limits of not less than $1,000,000 bodily injury liability
coverage and $400,000 property damage liability coverage naming Lessor as the
insured. Lessor shall also be an additional named insured on all such policies.
Said coverage may be partially satisfied through the insurance coverage
requirements of the Lessee's contract with the Community Corrections Board of
Weld County. Certificate(s) for the required insurance shall be delivered to
Lessor and shall provide that the insurance cannot be cancelled or modified
without the written consent of Lessor.
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CRS Lease; 7/01/08
o. Lessee shall protect Lessor and save and hold it harmless from any and all third
party claims and damages that may directly or indirectly be caused by the
operation of the operation of a Community Corrections program in the leased
facility, and further agrees to indemnify and save harmless Lessor, its successors,
assigns, employees and agents from any damage or injuries sustained by them to
the extent caused by Lessee's negligence.
2. Lessor, in consideration of the lease payments received for the lease of the aforesaid
facility, covenants and agrees, as follows:
a. Lessor shall provide all existing furnishings in the facility, including, but not
limited to,bunks, desks, whiteboards, televisions, television stands, tables, chairs,
shelves, personal video visiting units, inmate telephones and officer post desks.
All such property shall remain the property of the Lessor.
b. Lessor shall provide bunk mattresses, sheets, portable personal storage
containers, totes, blankets and towels consistent with the same quality and
quantity issued to inmates kept in the Weld County Jail. All such property shall
remain the property of the Lessor.
c. Lessor shall provide all cleaning chemicals and supplies, paper towels, mops,
mop buckets, laundry detergent and dispensed soap. All such property which is
unused at the end of the lease period shall be the property of the Lessor.
d. Lessor shall provide all personal laundry equipment for offender use within the
facility. All such property shall remain the property of the Lessor.
e. Lessor shall provide institutional laundry service for sheets, blankets and towels.
f. Lessor shall provide facility meal plan and meal service, by delivering to the
facility; Lessee shall provide service to the offenders living within the facility.
g. Lessor shall pay for all utilities, heating, ventilation, and air conditioning.
h. Lessor shall provide telephone service to the facility. All telephone equipment
shall remain the property of the Lessor.
i. All maintenance and repairs related to the facility, equipment and furnishings
within the facility shall be performed by Weld County personnel. Lessee shall
inform the Weld County Sheriff's Office that such services are needed, and the
Sheriff's Office shall process said requests.
j. Weld County Sheriff's Office shall provide all security control for the perimeter
of the facility.
k. Weld County Sheriff's Office shall provide personnel for all emergency response
calls made by Lessee, including medical first responder.
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CRS Lease; 7/01/08
1. Weld County Sheriff's Office shall allow the offenders residing in the Facility to
have access to the outside exercise area when the area is not required for Weld
County jail inmates.
Furthermore, the parties hereto agree as follows:
1. Except as required for the performance of Lessor's obligations, when Lessor's personnel
are required, Lessee shall provide all personnel needed to operate the facility, and to
provide the services required to operate a community corrections facility: no Weld
County employees shall perform services related to the operation of the facility as a
community corrections facility.
2. That no assent, express or implied, to any breach of any one or more of the covenants or
agreements hereof shall be deemed or taken to be a waiver or any succeeding or other
breach;
3. Lessee and a representative of the Lessor shall jointly complete a pre-occupancy
inspection. Any pre-occupancy defects or condition(s) found during the inspection shall
be documented in writing and photographed; Lessor and Lessee shall execute an
acknowledgment of the inspection report.
4. At lease termination, Lessor and Lessee shall complete a post-occupancy inspection.
Any post-occupancy defects or condition(s) found shall be documented in writing and
photographed. Documentation relating to the pre and post-occupancy inspections shall
be the basis for the resolution of any disputes relating to Lessee's responsibility for
repairs under this Lease.
5. The duration of this lease shall be for six (6)months, commencing on the Is` day of July,
2008, through the 31s` day of December, 2008. This lease may be terminated earlier upon
a thirty(30) day notice by Lessee. This lease may be automatically renewed for one six
(6) month period, upon the agreement of both parties, unless one of the parties delivers
written notice to the other on or before December 1, 2008, that the lease will terminate
on December 31, 2008. Lessee shall have no obligation under this lease if the
Community Corrections Board of Weld County awards a contract for services to less
than all of the offenders referred to that Board.
6. No portion of this Lease Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any portion
of this Lease Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Lease Agreement.
7. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Lease Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties, and nothing in this Lease Agreement shall
give or allow any claim or right of action whatsoever by any persons not included in this
Agreement. It is the express intention of the undersigned parties that any entity or
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CRS Lease; 7/01/08
person(s) other than the undersigned parties, who receive services or benefits under the
terms of this Lease Agreement, shall be incidental beneficiaries only.
8. If any term or provision of this Lease Agreement shall be held by a court of competent
jurisdiction contrary to law or otherwise invalid or unenforceable, the remaining
provisions of this Lease Agreement shall remain in full force and effect and shall be
deemed valid and enforceable to the extent permitted by law.
9. It is expressly understood by the parties to this agreement that nothing in this Lease
Agreement shall be deemed to make Lessor a partner, agent associate or joint venture
with Lessee in the conduct of Lessee's business, it being expressly understood and
agreed that the relationship between the parties hereto is and shall at all time remain
solely that of Lessor and Lessee.
IN WITNESS WHEREOF, the pa have hereunder set their hands and seals
the day and year first wri en above. E L ix
14,
ATTEST: / AL, •
BY: "'eC ? F COT'• Y OF WELD, COLORADO
Deputy C erk to the Board
OUGH THE BOARD OF COUNTY
OMMISSIONERS OF THE COUNTY OF
WELD,
By:
William H. Jerke, Chair
APR 0 9 2008
APPROVED AS TO SUBSTANCE:
BY:
Ji6 Cooke
W ld County Sheriff
5
riOi7 /C?/
CRS Lease; 7/01/08
LESSEE:
COLORADO RESOURCE SYSTEMS,
INC. lug � G
By: Douglas A. Carrigan, President'
SUBSCRIBED AND SWORN to -. M&' iayof &k?h:—,
WITNESS my hand and official;ear. DIANE K.
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