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HomeMy WebLinkAbout05037 ORDINANCE NO. 5037 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO RELATING TO THE CONFINEMENT OF CITY INMATES TO THE PUEBLO COUNTY JAIL AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Agreement dated March 28 , 1983 between the City of Pueblo and County of Pueblo relating to the use of the County Jail, a copy of which is attached hereto and incorporated herein, having been approved 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 attest same and affix the seal of the City thereto. INTRODUCED: March 28 , 1983 By DOUGLAS L. RING Councilman APPROVED: ATTEST: President of he City Council City 24-'17 7 AGREEMENT THIS AGREEMENT made this 28th day of March, 1983 , by and between the Board of County Commissioners of the County of Pueblo, State of Colorado, hereinafter referred to as the "County" , the Pueblo County Sheriff , hereinafter referred to as the "Sheriff" , and the City of Pueblo, a home rule city, incorporated under the laws of the State of Colorado, hereinafter referred to as the "City" . WITNESSETH: WHEREAS, the City does not desire to continue to maintain a jail facility for long term confinement but desires to use the County Jail for such confinement of municipal offenders and the services of the Sheriff of the County of Pueblo; and WHEREAS, the joint use of the County Jail facilities would provide increased efficiency for both parties and be in the best interest of the citizens of the City of Pueblo and the County of Pueblo; and WHEREAS , in accordance with C .R.S . 1973 , 531-15-401 (k) as amended, the City may, with the agreement of the County Commis- sioners, use the County Jail for confinement or punishment of offenders ; and WHEREAS , in accordance with C.R.S . 1973, 529-1-203, political subdivisions may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units; and WHEREAS , in order to set forth clearly the responsibilities, obligations, powers and rights of each of the parties, the City and the County hereby enter into this Agreement. NOW, THEREFORE , in consideration of the foregoing and the mutual promises and covenants herein set forth, and other good and valuable consideration herein receipted for, the City and the County agree as follows: 1. County by and through the Pueblo County Sheriff (hereinafter referred to as "Sheriff" ) , except as specifically provided otherwise herein, shall accept custody of and keep and confine in the County Jail all persons brought to the County Jail by the appropriate officers of the City who are lawfully arrested or committed for violations of the Charter or Ordinances of the City, (hereinafter referred to as "City inmates") , except any male persons to be detained for a period of 72 hours or less . 2 . County, by and through the Sheriff , except as specifically otherwise provided herein, shall confine, house, clothe, feed and hold City inmates in accordance with the laws, rules and regulations applicable to persons committed to the County Jail by reason of arrest or conviction for violation of the laws of the State of Colorado. 3. County, by and through the Sheriff , will make available to all prisoners housed in their facility pursuant to this Agreement in-house medical treatment of all non-major medical problems. Any major or extraordinary medical problems, injuries, and sickness incurred by City inmates will be handled in the most appropriate manner warranted by the situation, with the City assuming the responsibility for the expenses and cost of providing any manner of health care required for the treatment of said major or extraordinary medical problems and agrees to indemnify and save harmless the County and Sheriff therefrom. A major or extraordinary medical problem is any medical problem that is not treated in-house in the Pueblo County Jail Facility. Should any prisoner or inmate covered by this Agreement require major or extraordinary medical treatment, the County shall notify the City as soon as practicable. However, nothing contained herein shall be construed to prevent any medical care when necessary. City hereby expresses its intent to commute any sentence and to release from confinement in the County Jail any City inmate requiring major or extraordinary -2- medical treatment. The Sheriff is hereby authorized and empowered for and on behalf of City, in his sole and absolute discretion, to so commute the sentence and release from confinement any City inmate requiring major or extraordinary medical treatment. Upon any such commutation and release , Sheriff will immediately notify the City. 4. Custody of City inmates in need of emergency medical services will not be accepted by the County under this Agreement unless the City inmate shall have first received such medical services. If a City inmate has not previously received emergency medical services, the determination of whether the City inmate is in need of such services shall be made by the Warden of the Pueblo County Jail or his designees. The City shall provide to the Pueblo County Jail all current medical information on all City inmates including past records maintained at the City Jail, if available. 5. City shall provide all transportation for City inmates ' appearances at Municipal Court hearings and shall be responsible for making all arrangements connected therewith including scheduling with the Sheriff a reasonable time prior to such transportation. City will be responsible for City inmates after their release to City personnel for Municipal Court hearings or otherwise and the County and Sheriff shall be relieved from all responsibility for City inmates while in the custody of City personnel. 6. County, by and through the Sheriff , shall keep accurate records concerning admission and release of City inmates and shall make all such legal and social records available to the City at any time convenient to City and Sheriff. City shall be responsible for computing good time credits, establishing the date of release, and fully informing the Sheriff of all terms and conditions of confinement including providing the Sheriff with all necessary arrest, writs , de- tainers, orders and discharge papers relating to detention, confinement or release. -3- 7. County, by and through the Sheriff, shall admit to bail City inmates eligible therefor who are charged with the commission of a City Charter or Ordinance violation pursuant to the rules of the Municipal Court of City. City through its presiding Municipal Judge shall provide by rule the conditions and circumstances under which admission to bail will be granted including a fair and equitable procedure for admission to bail upon personal recognizance without security or surety. All such bonds and security therefor shall be transferred to and deposited in the office of the Clerk of Municipal Court. All forms relating to bonds shall be furnished by the City unless the Sheriff is able to use State of Colorado bond forms. 8. For the purpose of implementation of this Agreement the Chief of Police of City is hereby designated agent for the City and the Sheriff of Pueblo County is hereby designated agent for the County. 9. The City agrees to indemnify and hold harmless the County and the Sheriff and their officers, agents, and employees from and against all claims, suits, damages, costs, losses and expenses, including attorneys fees, from or arising out of the actions of the City, its officers , agents or employees in any manner relating to the arrest, booking , custody or detention, and transportation of City inmates, unless such claims or occurances are covered by the County' s or Sheriff ' s liability insurance. The term "claims" herein includes, but is not limited to, claims under Federal or State civil rights acts. The County shall inform the City as soon as possible of any asserted or contingent claims against the County or Sheriff for which the City may be subject to indemnification hereunder and the City shall have the right to assume or participate in the defense thereof. Neither this paragraph nor the indemni- fication provided for herein shall constitute or be deemed to constitute a waiver by the City or its public employees of the defense of sovereign immunity or their rights under the Colorado Governmental Immunity Act. -4- 10 . County and City, based upon past arrest and confine- ment activities of City, have estimated that the daily costs and expenses to the County for the confinement of City inmates will be $31. 00 per day per inmate. City shall pay monthly to County a charge equal to $31. 00 for each day or portion thereof a City inmate is confined in County Jail within 10 days after billing therefor during the effective period of this Agreement as reimbursement of County' s costs and expenses to confine, house, clothe, feed, hold and provide ordinary health care to City inmates. City and County agree to review and renegotiate in good faith the rate or reimbursement based upon County' s actual cost and expense on a semi-annual basis during the first year of this Agreement and on an annual basis thereafter. Any modification of the rate of reimbursement or of any other provision of this Agreement shall be reduced to writing and executed by the City and County as an amendment to this Agreement. 11. It being the intent of the City to close it ' s jail facility kitchen, the County through the Pueblo County Jail will provide meals to prisoners still being held in the City Jail facilities on a bulk basis at the cost of $1. 00 per meal. City shall be responsible for all transportation required for said meals. 12. An arresting officer of the Police Department of the City of Pueblo, Colorado, shall provide any social history and facts surrounding the arrest he may know at the time an individual is presented to the County Jail , so that appropriate classification on inmates and precautionary measures can be taken. Criminal records of City inmates shall be provided to the Sheriff within a reasonable time after a City inmate is incarcerated in the Pueblo County Jail. 13. All inmates and prisoners transferred and held in the Pueblo County Jail Facility, including City inmates, shall be subject to the inmate rules and regulations of the Pueblo -5- County Jail Facility and further subject to all policies and procedures in operation at the Pueblo County Jail Facility. 14 . The Pueblo County Facility and its personnel there have sole authority in classifying said inmates and prisoners and in making housing assignments of the inmates and prisoners housed in the Pueblo County Jail Facility. 15. Any prisoners or inmates transferred to the Pueblo County Jail Facility by the City who display overt self- destructive behavior shall be placed on Emergency Protective Care Status at the Colorado State Hospital with a detainer placed on this individual for both the Pueblo City Police Department and the Pueblo County Sheriff' s Department. 16 . This Agreement shall become effective April 15, 1983, and remain in effect, subject to termination as provided in Paragraph 18 below, for the remainder of the 1983 calendar year. This Agreement shall automatically be renewed without further action by any of the parties hereto for additional terms of one year unless either City or County shall give to the other party written notice to terminate 120 days prior to the end of any calendar year, in which event, this Agreement shall terminate on the 31st day of December of the calendar year in which notice to terminate is so given. 17. The County will only accept inmates pursuant to this Agreement so long as adequate space is available and County reserves the right to make this decision and to refuse to accept any further inmates when space and conditions do not allow. 18. If either the County or the City shall default in the performance of any of their respective obligations here- under, the non-defaulting party may give written notice to the defaulting party specifying the default. The defaulting party shall have 30 days to correct the specified default or if such default is one reasonably requiring more than 30 days to correct, to commence and thereafter diligently pursue the -6- 30 days to correct, to commence and thereafter diligently pursue the correction thereof. If the default is not corrected within said 30-day period, or, if the default is one reasonably requiring more than 30 days to correct, and the defaulting party fails to commence correction or fails to thereafter diligently pursue such correction, the non-defaulting party may terminate this Agreement upon written notice to the defaulting party stating the date of termination. Executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO ATTEST: BY „A...Ii -- Cha . :n 62/61 , 11'. '1'''''7 Pueblo County Clertt-&;A2ecorder APPROVED AS TO FORM: // Pueblo ount Sheri f it Coun Attorney /� CITY OF PUEBLO , A Municipal / Corporation ATTEST: n' BYV #Y'Y�G�LU,oc.,ii .Fi -nlo 7 President of the City Council ,' i City Clirk / / f APPROVED AND ACCEPTED: APPROVED AS TO FORM: Sw ---7t:170:4, G',� \. 6.- Q S,1-1. L t' -1 City AttoriOr Chief of Police -7-