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Home My WebLink About800853.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 an agreement 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 advis- able 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 exe- cute the same. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D. , 1980 . y BOARD OF COUNTY COMMISSIONERS ATTEST: /1vra,, �"Q,CAh t'sn, WELD COUNTY, COLORADO Weld County_ Clerk and Recorder 7, j < I L and Clerk to the Board C. W. Kirby, Chairman B ct Y ifl_' LP 79C G � ce l arS Deputy Coun y Clerk Leonard L. Roe, �PJro-Tem APPROVE AS TO FORM: ._ 1..;t 1 //�� Norman Carlson Y -5"l q :A', County Attorney L Dunbar J e K. Stein ark 800853 DATE PRESENTED: NOVEMBER 3 , 1980 AGREEMENT THIS AGREEMENT made this 3rd day of November 1980, 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 CRS, 29-1-203, political sub- divisions 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 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) Thirty-five Dollars ($35. 00) for each day (except as provided in paragraph (b) below) that a person is lodged in the County jail for violation of Munic- ipal 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 . -2- (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 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/cr dentention of persons brought to the County jail by the City for viola- tion 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. -3- 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 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, 1980 and terminating on the 14th day of August, 1981 provided, however, that this Agreement shall be automatically renewed for like one year periods unless notice of intent to terminate this Agreement is communicated in writing on or before August 15. 8 . This Agreement may be terminated by either party if notice of intent to terminate is given to the other party at least 60 days before the effective date of such termin- ation. 9. Either party to this Agreement may renegotiate the rate of reimbursement set forth in paragraph 2 (a) above on a yearly basis , provided that any modification, alteration or enlargement of paragraph 2 (a) or any other provision of this Agreement shall not be made unless such modifi- cation, alteration or enlargement is reduced to writing and signed by the parties hereto as an amendment to this Agreement. EXECUTED ON the day and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: Qyt n &.r WELD COUNTY, COLORADO Weld County Clerk and Recorder ' and Cle5jc to the Board By : 7 7/. t I/ . t / � Chairman By «. F�' C� %t- /Deputy County Clerk APPROVED A$ TO-)FO74 By: ('v,x -"- County Attorney ATTESTS ) CITY OF 9REELEY, COLORADO A4 iks By: i��e*e�?042:„1��'��.�"`� Ci y Ci k Mayor AP VED: APP T� ity snag Ci y Attori from the office of ^ Greeley, Colorado THE BOARD OF COUNTY COM SSIONERS ^ovember 5 , 1980 WELD COUNTY, COLORADO Dear Sgt. Pamisano: Enclosed please find a copy, for your records, of the Resolution for the approval of the lease agreement between the City of Greeley and Weld County for Jail Space. Also enclosed is the original copy of the agreement. Please have the agreement properly signed and return this original to the Clerk to the Board, P. O. Box 785 , Greeley, CO 80632, as soon as possible. Please retain a copy of this agreement for your records. If you have any questions, please do not hesitate to contact this office. Thank you. 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