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HomeMy WebLinkAbout08703ORDINANCE NO. 8703 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE SB 94/PUEBLO PROBATION TH DEPARTMENT 10 JUDICIAL DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement between the City of Pueblo, a Municipal Corporation th and the SB 94/Pueblo Probation Department 10 Judicial District relating to the referral to the Municipal Court graffiti removal program of SB 94 juvenile offenders convicted in County and th District Court of the 10 Judicial District, a true and correct copy of which is attach hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective immediately upon passage and approval. INTRODUCED: January 27, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: February 10, 2014 Background Paper for Proposed ORDINANCE DATE: January 27, 2014 AGENDA ITEM # R-8 DEPARTMENT: Municipal Court William Martinez, Municipal Court Judge Law Department Daniel C. Kogovsek, City Attorney TITLE AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE SB TH 94/PUEBLO PROBATION DEPARTMENT 10 JUDICIAL DISTRICT ISSUE Should the City Council approve the Intergovernmental Agreement with the SB th 94/Pueblo Probation Department 10 Judicial District? RECOMMENDATION Approval of the Ordinance. BACKGROUND th Earlier this year, the SB 94/Pueblo Probation Department of the 10 Judicial District (the “District”) contacted Municipal Court and the Law Department requesting the ability to refer to the Municipal Court graffiti removal program SB 94 juvenile offenders th sentenced to community service in the County and District Court of the 10 Judicial District. The District has agreed to pay the City up to $20,000 in SB 94 grant funds for the District’s Fiscal Year 2013/2014 in exchange for this referral ability. Municipal Court will bill the District $20 for each community service hour served in the graffiti removal program by an SB 94 juvenile offender. Municipal Court will submit invoices to the District monthly as a draw on the grant funds. The City must use the grant funds exclusively to maintain, enhance and/or expand the graffiti removal program. FINANCIAL IMPACT The City will receive up to $20,000 in SB 94 grant funds. f MEMORANDUM OF UNDERSTANDING Between SB 94 /Pueblo Probation Department 10 Judicial District and the City of Pueblo, a Municipal Corporation 1. Memorandum of Understanding (MOU) This Memorandum of Understanding (MOU) is entered into by and between the SB 94 /Pueblo Probation Department 10 Judicial District, hereinafter referred to as the "District," and the City of Pueblo, hereinafter referred to as the "City ", and jointly referred to as the "Parties ". 2. Purpose: This MOU shall govern the disbursement of Senate Bill 94 grant funds from the District to the City. 3. Statement of Mutual Interests and Benefits: The District seeks another option for community service for SB94 juvenile offenders sentenced to community service in the County and District Courts of the 10 Judicial District. The City operates a graffiti removal community service program for juvenile offenders that requires juveniles to remove graffiti and participate in clean -up or beautification projects throughout the City of Pueblo (the "Program "). The District's grant will allow the City to expand its Program and to accept community service referrals of SB94 juvenile offenders from the County and District Courts of the 10 Judicial District. 4. Cooperators Agree: 4.1 The District shall pay to the City up to twenty thousand dollars ($20,000) in Senate Bill 94 grant funds for District's Fiscal Year 2013 -2014 ( "FY13- 14"). Subject to section 4.5 below, the District shall pay the City twenty dollars ($20) for each community service hour completed by SB94 juvenile offenders through the Program. The City shall submit monthly invoices to the District specifically indicating the number of hours of community service completed by SB94 juvenile offenders through the Program. Invoices shall also indicate any hours for which SB94 juvenile offenders have failed to appear that are compensable consistent with section 4.5 below. Upon the District's approval of the charges, the District shall promptly pay City the invoiced amount through the District's normal payment process. The City shall use the grant funds exclusively to maintain, expand and /or enhance the Program. 4.2 Beginning on February 1, 2014, the City shall begin accepting community service referrals from the County and District Courts of the 10 Judicial District of SB94 juvenile offenders into the Program. The City reserves the right to reject the referral of any offender that it believes, in its sole and absolute discretion, will not be a good fit for the Program. 4.3 Every offender referred to the City's graffiti removal community service program will be required to pay a five dollar ($5) community service fee directly to the Pueblo Municipal Court. The District must advise each offender of this fee at the time it refers the offender to the Program. Any offender who fails or refuses to pay the community service fee will not be accepted into the program. City will provide District prompt notice of non- acceptance of an offender for non - payment of the community service fee. 4.4 Every offender referred to the Program will be required to follow all rules, policies and procedures of the Program and comply with all federal, state and local laws. The City's Program rules are attached hereto as Exhibit A and incorporated herein by this reference. The City may terminate any offender from the Program for behavioral issues, failure to follow the rules, policies and procedures of the Program, or violation of any federal, state or local law. 4.5 The City will provide the District prompt notice of an offender's failure to appear for scheduled community service. Any offender who fails to appear for scheduled community service may be terminated from the Program. If the offender remains in the Program after failing to appear for scheduled community service, the City may invoice, and the District agrees to pay, for all scheduled community service for which the offender fails to appear. 5. Binding Obligations. This Agreement shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors, and assigns. 6. Fund Availability Financial obligations of the City and District payable after FY13 -14 are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. In the event that funding for any activity established by this MOU is discontinued or decreased by any funding agency, either Party may terminate this MOU or reduce its scope effective immediately upon notice to the other Party. In the event of such termination, both Parties shall be compensated for the value of services actually performed prior to the effective date of termination. 7. No Third Party Beneficiary Rights. Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24 -10 -101 et seq., C.R.S. 8. Integrations, Severability, Amendment, and Counterparts. This Agreement represents the entire agreement between the Parties and supersedes all prior discussions and written agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together constitute one and the same agreement. 9. Governing Law This MOU shall be construed and interpreted in accordance with the laws of the State of Colorado. 10. Authority of Signers. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. THE PARTIES HERETO HAVE EXECUTED THIS MOU Persons signing for each Party hereby swear and affirm that they are authorized to act on their behalf and acknowledge that each Party is relying on their representations to that effect. CITY OF PUEBLO SB 94 /Pueblo Probation Department 10 Judicial District By: David Simental, Chief Probation Officer Title: ei MCAA.1(. k i /7, Signature Signature Date: 2 2 J I y Date: T e ATTEST: +t. AfrTi"ty Cl ark r • : • William A. Martinez — — 200 South Main Street Municipal Judge [ Pueblo, Colorado 81003 Lisa Coughlin --/1 l i( ■�® Phone (719) 562 -3810 Court Administrator Fax (719) 562- 3811 Pueblo Municipal Court PROBATION RULES AND EXPECTATIONS Pueblo Municipal Court is not responsible for any lost, stolen, or damaged items. 1. SHOW RESPECT TOWARDS SUPERVISORS! 2. No cussing, yelling, or verbal abuse towards staff or other clients. 3. No clothing or accessories determined by staff to be sexually suggestive, drug or gang related, obscene, or that promotes hate. 4. No use or possession of alcohol, drugs and paraphernalia, or weapons of any type allowed on crew. 5. No borrowing money from clients or staff. 6. No gang related drawing, signing, or activity on crew. Ticket # 7. No fighting, shoving, or horseplay. DOB 8. No smoking, using, or possession of smokeless Signature: tobacco products. 9. No cell phones or pagers allowed on crew. 10. All persons must wear a seatbelt at all times. 11. Municipal Court is NOT RESPONSIBLE for lost or stolen items brought on crew. 12. All persons are subject to random search, if deemed necessary. All rules are subject to change at the staff's discretion CONSEQUENCES: Consequences may range from verbal warning to termination from the probation service program, revocation of deferred sentence, or reimposition of suspended fine amounts. Termination from crew may be considered automatic in such cases as violent behavior towards staff and/or clients, use and distribution of drugs on premises, fire setting, refusal to perform assigned duties, or theft. EXPECTATIONS: If the Court orders you to perform community services, you must wear clothing appropriate for performing manual labor, painting, and/or paint removal. A parent/guardian must pick you up promptly after crew ends. ON- THE -JOB BEHAVIOR: • Fighting or abusive language towards coworkers, insubordination, or abusive language towards staff will result in suspension for a length of time determined by the staff. • Termination from the program, a report to the Court and/or referring counselor, filing of charges, or other consequences may be considered by the staff. • Clients are required to accept all work assignments given by supervisors as governed by Child Labor Laws. Assigned tasks must be adequately completed. Failure to accept or complete assignments satisfactorily may result in termination from the program. Hours may be added to the community service already owed. WORKCREW DRESS: • For safety reasons, no sagging or ripped clothing is permitted. Shorts must be knee length or longer. • Inappropriate dress, such as gang attire, seductive clothing, muscle shirts, or clothing with profane or vulgar language or symbolism, is not allowed. Shirts cannot be more revealing than a T -shirt. • Sandals or open -toed shoes are not allowed. • No iPods, Walkmans, CD players, phones, or pagers will be permitted while out on crew. Exhibit A