HomeMy WebLinkAbout20050037.tiff RESOLUTION
RE: APPROVE PRISONER HOUSING AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
PARK COUNTY
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 Prisoner Housing Agreement 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,and Park County, commencing upon full execution
of said agreement, and ending December 31, 2005, with further terms and conditions being as
stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said 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 Prisoner Housing Agreement 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, and Park County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 5th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EL Vin .
esi ( ,••"{., William H. J e, Chair
? •' erk to the Board -
®� M. eile, Pro-Tem
•
uty CI kk t a Board
Dav'd . Lon
APP AS • N t�1
Rob/ e D. Mast/
ounty Attor ey Y/IJJ�j//
kt
Glenn Vaadaad
Date of signature:
2005-0037
SO0026
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PRISIONER HOUSING AGREEMENT
This agreement ("Agreement") is made and entered into as of the date it has been
signed by all parties, by and between Park County, a political subdivision of the State of
Colorado ("Park County") and Weld County, a political subdivision of the State of
Colorado ("Weld County"). For valuable consideration, the parties agree as follows;
INTRODUCTION
a. Park County has room available in its jail facilities located at 1180 Park
County Road 16, Fairplay, Colorado (the "Park County Jail") and willing to
contract with other counties for confinement of prisoners in its jail facilities.
b. Weld County, from time to time, is in need of securing jail facilities for the
confinement of prisoners under its care and jurisdiction.
c. The parties are desirous of contracting with each other concerning the
confinement of certain Weld prisoners in the Park County jail and intend that
this Agreement set forth their respective duties and obligations.
TERMS AND CONDITIONS
1. Agreement to House Prisoners. Subject to the other provisions of
this Agreement, Weld County agrees from time to time to house in the
Park County Jail, and Park County agrees from time to time to house
in the Park County Jail between 0 and 30 Weld prisoners. This
agreement shall not be construed as requiring Weld County to house
Weld prisoners in the Park County Jail, nor shall it be construed as
requiring Park County to house Weld prisoners.
2. Payments. Weld shall pay Park County $45.00 per day per Weld
County prisoner housed in the Park County jail. Park County shall be
responsible for all costs of providing routine medical, mental health,
and dental services. Weld County shall reimburse Park County for
prescription medications and any extraordinary health services, which
extraordinary health services shall require pre-authorization from
Weld County except in the case of an emergency. Park County Shall
bill Weld County on a monthly basis. Weld County shall pay Park
County within thirty (30) days of receipt of each billing statement.
Thereafter, any unpaid balance shall bear interest at 0.5% per month.
3. Procedure for Prisoner Placement. A representative of the Weld
County Sheriff's Office shall notify the Park County Jail when it
desires to house Weld prisoners in the Park County Jail. Said
notification shall include the number of prisoners to be housed, the
anticipated date and time for delivery of Weld prisoners to Park
County jail representatives, and for each, the prisoners name, all
relevant judgment/commitment information, and any available
institutional summaries, disciplinary records, grievances filed by the
prisoner, any pertinent health records, and any other available
information. All prisoner information shall be subject to statutory
limitations on disclosure. Following notification by Weld County, Park
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County shall determine the amount of available space and notify Weld
County accordingly. Thereafter, the parties determine a mutually
agreeable date and time for Park County to accept custody of the
Weld prisoners. Park County shall be responsible for transporting
Weld prisoners to and from Weld County and the Park County Jail.
4. During Incarceration. While Weld prisoners are incarcerated in the
Park County Jail, the following shall apply:
A. Park County shall provide Weld prisoners with care and
treatment including furnishing subsistence and routine and
emergency medical care, provide for their physical needs,
retain them in safe, supervised custody, maintain discipline
and control, make certain that Count imposed sentences and
orders are faithfully executed, and otherwise comply with
applicable law.
B. The Park County Jail shall make its work, training, and
treatment programs available to Weld prisoners.
C. Weld prisoners shall be subject to the Park County jail's
rules and regulations, including disciplinary procedures.
D. The Park County jail shall maintain a complete file of all
records, communications, and other written materials, which
pertain to its operations of inmate programs or the delivery of
services to Weld prisoners for at least three (3) years after
termination of this agreement.
E. Weld County shall have the right to inspect the Park County
Jail.
F. Weld prisoners shall not be granted furloughs or leaves and
shall not be assigned to work outside the Park County Jail
without the prior written consent of Weld County.
G. A Park County Jail representative shall notify Weld County at
the earliest practicable time of any emergency, significant
incident, or prior authorized removal of any Weld prisoner.
H. Park County shall provide adequate facilities for any hearing
involving a Weld prisoner, including a telephone hearing.
Weld County shall reimburse Park County for any resulting
costs incurred.
5. Housing of Weld County Prisoners sentenced to the Colorado
Department of Corrections. Park County will accept inmates from
Weld County that are sentenced to the Colorado Department of
Corrections. Once the prisoner is accepted, Park County will include
the prisoner on their backlog. Park County will accept the
responsibility for billing the Department of Corrections, and will not bill
Weld County for any items relating to the cost of care to include
medical costs as that will be part of Park County's housing agreement
with the Colorado Department of Corrections.
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6. Termination of Prisoner Incarceration. If any Weld prisoner's
commitment is terminated for any reason, then Park County shall
deliver physical custody of such prisoner to Weld County as soon as
practical. Park County shall surrender any Weld prisoner to Weld
County upon demand. Unless otherwise agreed, Park County shall
be responsible for transporting all Weld prisoners.
7. Term of Agreement. The term of this agreement shall commence on
the date all parties have signed it and shall terminate on December
31, 2005, unless otherwise agreed by the parties in writing. However,
either party may terminate this Agreement, with or without cause, by
so notifying the other party in writing at least thirty (30) days prior to
such termination.
8. Insurance. At all times during the term of this agreement Park
County shall maintain liability insurance in compliance with the
Colorado Government Immunity Act, as amended (C.R.S. 24-10-101).
9. General provisions.
A. Notices. Any notice provided for in this Agreement shall be
in writing and served either by personal delivery to the
respective address set forth below or by fax communication
sent Monday through Friday between 8:00 am. and 4:30 pm.
to the respective numbers below.
Park County Jail
Attention: Captain Monty Gore
1180 Park County Road 16
Fairpaly, CO 80440
Fax No. 719-836-4371
Weld County Jail
Attention: Commander David Malcom
2110 "O" Street
Greeley, CO 80631
B. Modification. This Agreement may be modified or
amended any time in writing signed by all parties.
C. Severability. If any provision of this Agreement is ruled to
be invalid then this Agreement shall be construed with such
invalid provision severed from this Agreement.
D. No Third Party Enforcement. It is expressly understood
and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned
parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the
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undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
E. Entire Agreement. This Agreement contains the entire
Agreement and understanding between the parties to this
Agreement and supersedes any other Agreements
concerning the subject matter of this transaction, whether
oral or written.
Signed this(L day of JRn.brkilet , 200 S
Park County ��j"
Attest: AJ≥i '_) By `t " _ __ G4\j_ka-i
Leni Walker, Chairperson
Board of County Commissioners
Signed this 5th day of January , 200 .
���,` 14% Weld County
_sxv- �x By
r i6,i (' `sd Y William H. Jerke, Chair
,} Board of County Commissioners
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Debra Miller
From: Bruce Barker
Sent: Tuesday, December 28, 2004 9:59 AM
To: David Malcom
Cc: Debra Miller; Carol Harding
Subject: RE: Park County Housing Agreement
Dave: See the attached. I made a few minor changes, adding the last two paragraphs. I doubt Park County will
have a problem with this, but could you forward to them to make sure?
Debra and Carol: Please place this on the agenda for Wednesday, January 5th. Thanks!
From: David Malcom
Sent: Wednesday, December 22, 2004 10:15 AM
To: Bruce Barker
Subject: Park County Housing Agreement
Bruce, this is an agreement between Weld and Park Counties for Park to hold Weld prisoners. Would you please
review and help me set this for a work session with the BOCK or for them to sign. Thanks, Dave Malcom
12/28/2004
Hello