Otero Commissioners Approve $960,000 for Annual Inmate Housing in Bent County

Description: The Otero County Commissioners unanimously approved an intergovernmental agreement with Bent County that would pay $960,000 annually for housing 40 Otero County Inmates in the Las Animas facility.

INTERGOVERNMENTAL AGREEMENT BETWEEN BENT COUNTY AND OTERO COUNTY CONCERNING HOUSING PRISONERS IN THE BENT COUNTY JAIL

THIS AGREEMENT is entered into this 1st day of April 2024 between the Bent County Jail ("Bent County") and Otero County.

Whereas, §29-1-203 and §30-11-410, C.R.S. permit municipal and county governments to enter into cooperative agreements; and

Whereas, §31-15-401(k), C.R.S. gives the County authority to consent to the housing of prisoners in different jails when the need arises; and

Whereas, the Sheriff has charge and custody of the jail and is responsible for the care and custody of its prisoners pursuant to §30-10-511, C.R.S.; and

Whereas, Otero County shall lease forty (40) beds for housing their prisoners at the Bent County Jail at a rate of $65.75 per bed per day; and

Whereas, When Otero County needs housing for more than 40 prisoners, the Bent County Jail has agreed to house Otero County prisoners during those times when space is available. and

Now therefore in consideration of the mutual promises herein, the parties agree as follows:

1. Terms and Conditions. It is understood and agreed that this Agreement is intended to facilitate cooperation between the parties in housing prisoners for Otero County within the Bent County Jail; this Agreement does not authorize any party, or the employee of any party, to act for any purpose outside of what is contained in this Agreement. This Agreement shall provide for the process by which Otero County offenders will be housed in the Bent County Jail. It also provides for the payment structure between the agencies for such housing.

This Agreement will operate as follows:

A. Otero County agrees to lease 40 inmate beds within Bent County Jail beginning April 1, 2024: Ending June 30, 2025. The Bent County Jail shall provide 40 inmate beds for Otero County.

1. Otero County agrees to pay Bent County $960,000 annually for 40 inmate beds, payable in monthly installments to Bent County. 

2. Bent County agrees to provide an itemized invoice each month that includes a daily count of Otero County detainees.

B. Otero County will determine when it is necessary to house more than 40 inmates within Bent County Jail. Bent County Jail will assess their ability to house inmates, and consent to doing so when they have the capacity. Bent County Inmates and Contracted County Inmates shall have priority holding when the need arises to accommodate all County inmates until the Jail is at capacity.

1. Otero County agrees to pay the daily rate of $65.75 per day per inmate to Bent County for boarding all inmates beyond the 40 inmate beds in section A.

2. Otero County will offer additional personnel assistance and abstain from requesting a reduced rate for service hours, based on the availability of Otero County staff. The number of personnel allocated will be determined by the Otero County Sheriff according to the staff's availability.

3. Unless the Bent County Sheriff determines that it is feasible for Otero County Inmates to travel together with Bent County Inmates, Otero County shall bear the responsibility of transporting its own inmates.

C. Criteria used to assess which prisoners are boarded in the Bent County Jail facility include whether the individual has mental health or medical health needs. Prisoners housed at the Bent County Jail Facility shall be mutually agreed upon by the Sheriffs of Bent and Otero Counties. The Bent County Jail is not required to accept prisoners with significant medical or mental health needs. All inmates shall be medically cleared before they are accepted by the Bent County Jail.

D. Each agency is responsible for the compensation of their own employees, provision of workers compensation insurance and other benefits, liability coverage, and all other costs associated with the activities of their employees while acting under the terms of this Agreement.

E. In the event of injury or medical need while inmates are housed in Bent County, Otero County will cover the medical cost of the incident. The Bent County Jail shall be responsible for medical transport security. The Bent County Jail shall be responsible for inmate supervision of hospitalized inmates for up to 4 hours or until the inmate is mutually transferred to the care of Otero County Jail.

F. Term and Termination. This Agreement shall be in effect April 1, 2024, and shall continue in effect until June 30, 2025. The term of this Agreement may be extended in writing by either party on a month-to-month basis after June 30, 2025, if Otero County needs more time for the construction of the Otero County Detention Facility.

G. Relationship of Parties. The parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout.

H. Colorado Governmental Immunity Act. No party shall be liable under this Agreement for the actions of the other's employees and agents. By agreeing this provision, the parties do not waive or intend to waive, the limitations on liability which are provided to Parties under the Colorado Governmental Immunity Act, C.R.S §§24-10-101, et seq.

I. No Third Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of the parties that any person other than the parties receiving services or benefits under the Agreement shall be deemed an incidental beneficiary only.

J. No Assignment. Each Party covenants and agrees that it will not assign this Agreement or any interest or part thereof or any right or privilege pertinent thereto without the prior written consent of all other parties first having been obtained.

K. Governing Law. The law of the State of Colorado shall be applied in the interpretation, execution, and enforcement of this Agreement.

L. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement.

M. Entire Agreement. This Agreement embodies the entire agreement of the parties. The parties shall not be bound by or be liable for any statement, representation, promise, inducement, or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms of conditions of this Agreement shall be valid unless reduced to writing and signed by all parties.

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