HomeMy WebLinkAbout09173
ORDINANCE NO. 9173
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE PARK COUNTY, COLORADO
RELATING TO THE HOUSING OF PUEBLO MUNICIPAL COURT
SENTENCED INMATES IN THE PARK COUNTY JAIL
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement for Inmate Housing Services between the City of
Pueblo, a Municipal Corporation and Park County, Colorado, dated September 25, 2017,
attached hereto, 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
intergovernmental 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 Intergovernmental Agreement to
implement the policies and procedures described therein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED September 11, 2017
BY: Ed Brown
PASSED AND APPROVED: September 25, 2017
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 11, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Carla L. Sikes, Chief Judge, Pueblo Municipal Court
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PARK
COUNTY, COLORADO RELATING TO THE HOUSING OF PUEBLO MUNICIPAL
COURT SENTENCED INMATES IN THE PARK COUNTY JAIL
SUMMARY:
This Ordinance approves an intergovernmental agreement (“IGA”) with the Board of County
Commissioners of Park County, Colorado for the provision of housing services for Pueblo
Municipal Court sentenced inmates in the Park County Jail.
PREVIOUS COUNCIL ACTION:
A similar IGA was entered into with the Douglas County Sheriff’s Office on July 24, 2017.
BACKGROUND:
Local merchants lose hundreds of thousands of dollars every year to shoplifting. When the Pueblo
County Jail becomes over-crowded, repeat larceny offenders are often released prior to the
completion of their jail sentences. This Ordinance institutes a pilot program to house repeat
shoplifters in the Park County Jail. Requiring Municipal Court inmates to complete their jail
sentences in Park County will hopefully deter those inmates from future shoplifting in the City of
Pueblo.
FINANCIAL IMPLICATIONS:
The IGA provides that the City will pay the daily rate of $45.00 per day, per inmate to Park County
for inmate boarding. The City of Pueblo and Park County have agreed that the number of Pueblo
Municipal inmates will not exceed ten (10) inmates in any given time.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If this Ordinance is not approved, repeat larceny offenders are not likely to serve their entire jail
sentences because of over-crowding at the Pueblo County Jail.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance
Proposed Intergovernmental Agreement for Inmate Housing Services
INTERGOVERNMENTAL AGREEMENT
FOR INMATE HOUSING SERVICES
THIS AGREEMENT made and entered into this "`Y( day of citt'4%L'r , 2017, by
and between the City of Pueblo("Pueblo")and the Board of County Commissioners of the County
of Park, Colorado ("Park County").
WITNESSETH:
WHEREAS, Sections 29-1-203 and 30-11-410, C.R.S., authorizes the parties to enter into
contracts with other governmental units for services; and
WHEREAS, 31-15-401(k), C.R.S. gives Pueblo authority to consent to the housing of
inmates in different jails when the need arises; and
WHEREAS, Pueblo currently uses the Pueblo County Jail to house their municipal
prisoners and Pueblo County Jail is responsible for the care and custody of these inmates pursuant
to 30-10-511, C.R.S.; and
WHEREAS, at certain times, when the Pueblo County Jail becomes over-crowded, there
is a need to house inmates at other jails and Park County has agreed to house Pueblo Municipal
sentenced inmates during those times when space is available; and
WHEREAS, Pueblo and Park County desire to enter into an agreement for the provision
of housing Pueblo Municipal sentenced inmates in the Park County Jail in accordance with the
terms herein provided;
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. TERMS AND CONDITIONS.
a. It is understood and agreed that this Agreement is intended to facilitate
cooperation between the parties in housing certain Pueblo municipal inmates
within the Park County Jail;this Agreement does not authorize any party,or the
employee of any party, to act for any purpose outside of the terms and
conditions contained in this Agreement. This Agreement shall provide for the
process by which Pueblo municipal inmates will be housed in the Park County
Jail should Pueblo determine that the Pueblo County jail has become
overcrowded. It also provides for the payment structure between the agencies
for such housing.
b. Pueblo, from time to time,will determine when it is necessary to house Pueblo
municipal inmates within the Park County Jail. Park County will assess its
ability to house additional inmates, and may consent to housing Pueblo
municipal inmates depending on capacity and any other factors at Park
County's discretion.
c. The criteria used to assess which Pueblo municipal inmates are to be housed in
the Park County Jail include,but are not limited to,whether or not the individual
has mental health or medical health needs. Pueblo shall not send inmates with
known significant mental or medical healthcare needs to Park County. All
inmates shall be over the age of eighteen(18).
d. The number of Pueblo municipal inmates will not exceed ten inmates at any
given time to be housed in the Park County Jail.
e. In the event Park County accepts prisoners and detainees from Pueblo, Park
County shall be responsible to confine and supervise the detainees and prisoners
that are confined in the Park County Jail. Park County shall provide detainees
and prisoners care and treatment including but not limited to subsistence,
shelter, clothing,routine medical care,and make available such other programs
of training and treatment which are consistent with Park County's present
programs offered to Park County's detainees and prisoners. Park County shall
retain Pueblo inmates in a safe, supervised custody, maintain proper discipline
and control, and otherwise comply with applicable State and Federal Laws
except as otherwise provided herein.
f. Each agency is responsible for the compensation of its own employees,
provision of workers compensation insurance and other benefits, liability
coverage, and all other costs associated with the activities of such employees
while acting under the terms of this Agreement.
g. Park County shall be responsible for all routine medical costs associated with
Pueblo municipal inmates. Park County shall notify Pueblo at the earliest
practicable time of any injury or medical condition that requires an inmate to
be hospitalized or receive significant medical care. Pueblo shall then have the
option to release the inmate or assume responsibility for the extraordinary
medical expenses.
h. Park County shall transport Pueblo municipal inmates between Pueblo and Park
County. If inmates are available for transport, Park County shall travel to
Pueblo no less than one time a week on a day certain to be determined by the
Park County Sheriff and Pueblo to pick up or drop off Pueblo municipal
inmates.
Park County shall make all reasonable efforts to ensure that Pueblo Municipal
Court imposed sentences and orders are faithfully and fully executed, and
otherwise comply with applicable law. The Park County Sheriff or his designee
shall notify the Pueblo Municipal Court Judge at least 24 hours prior to the early
release of any prisoner of Pueblo,and shall surrender the custody of any Pueblo
prisoner to Pueblo upon demand. Pueblo prisoners shall not be granted
furloughs or leaves and shall not be assigned to work outside of the Park County
Jail without the prior written approval of the Pueblo Municipal Court Judge. A
Park County representative shall notify Pueblo at the earliest practicable time
of any emergency, significant incident, or prior authorized removal of any
Pueblo prisoner.
j. The parties shall not at any time or in any manner, either directly or indirectly,
divulge, disclose or communicate to any person, firm or corporation in any
manner whatsoever any information concerning any matters which are not
subject to public disclosure, including without limitations police records or
medical records of or pertaining to persons dealt with under this agreement and
other privileged or confidential information. The parties shall comply with all
applicable local, state, or federal laws and requirements pertaining to
maintenance and disclosure of personal, criminal justice, medical or health
records or data. Such records or data may be in hardcopy, printed, digital or
electronic format. If either party has custody of a record provided by the other
party that contains specialized details of security arrangements or
investigations,the party shall refer any request to inspect that record to the other
party, as provided at Section 24-72-204(2)(a)(VIII)(C), C.R.S.
2. PAYMENT FOR SERVICES: Pueblo agrees to pay the daily rate of$55.00 per
day per inmate to Park County for imnate housing and transportation as set forth herein.
3. TERM AND TERMINATION: This Agreement shall be in effect from the date
of execution and shall continue in effect indefinitely. Any party to this Agreement may terminate
its involvement at any time after serving thirty(30) days advance written notice.
4. RELATIONSHIP OF PARTIES: The parties enter into this Agreement as
separate,independent governmental entities and shall maintain such status throughout.
5. PERSONNEL: Any member of either agency assigned to fulfill contract services
shall remain under the control of his/her home agency and will be afforded the same employment
rights and benefits as other agency members.
6. NO WAIVER OF GOVERNMENTAL IMMUNITY ACT: The parties hereto
understand and agree that the respective Counties and Cities, their commissioners, officials,
officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by
any provisions of this Agreement, the monetary limitations or any other rights, immunities and
protections provided by the Colorado Governmental Immunity Act(the "CGIA"), § 24-10-101 to
120, C.R.S., or otherwise available). To the extent the CGIA imposes varying obligations or
contains different waivers of immunity the parties agree that each will remain liable for its
independent obligations under the CGIA, and neither party shall be the agent of the other or liable
for the obligations of the other.No party shall be liable under this Agreement for the actions of the
other's employees and agents. By agreeing to 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.
[FE
14
7. 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 F
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.
8. NO MULTI-YEAR FISCAL OBLIGATION: This Agreement is expressly
made subject to the limitations of the Colorado Constitution.Nothing herein shall constitute, nor r
deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation of future
appropriations by either party, contrary to Article X, § 20 Colorado Constitution or any other
constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this
Agreement, with respect to any financial obligation of either party which may arise under this
Agreement in any fiscal year after 2017, in the event the budget or other means of appropriations
for any such year fails to provide funds in sufficient amounts to discharge such obligation, such
failure shall not constitute a default or breach of this Agreement, including any sub-agreement,
attachment, schedule, or exhibit thereto.
9. 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.
10. GOVERNING LAW: The law of the State of Colorado shall be applied in the
interpretation, execution, and enforcement of this Agreement.
11. 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.
12. ADDITIONAL SERVICES: In the event Pueblo desires services, in addition to
the services defined in this agreement, Pueblo may make a written request, which will then be
addressed and resolved with reasonable promptness and on mutually acceptable terms between the
Parties. Such resolution shall be in writing.
13. NOTICES: Except as otherwise provided herein, all notices or payments required
to be given under this Agreement shall be in writing and shall be hand delivered or sent by first
class mail,postage pre-paid,to the following addresses:
Pueblo: Pueblo, CO 81003
Carla L. Sikes,Municipal Judge (719) 562-3810
Pueblo Municipal Courts csikes@pueblo.us
City of Pueblo
200 South Main Street cc: Dan Kogovsek
City Attorney
1 City Hall Place, 3rd Floor
Pueblo, CO 81003
Park County:
Captain Daniel Muldoon cc: Park County Attorney
Jail Administrator P.O. Box 1373
Park County Jail Fairplay, CO 80440
1180CR16
P.O. Box 604
Fairplay, CO 80440
(719) 836-4104
dmuldoon@parkco.us
All notices or documents delivered or required to be delivered under the provisions of this
Agreement shall be deemed received one(1)day after hand delivery or three(3)days after mailing.
Either Party, by written notice so provided, may change the address to which future notices shall
be sent.
14. LEGAL AUTHORITY: The parties assure that they possess the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to
enter into this Agreement. The person or persons signing and executing this Agreement do hereby
warrant that he/she or they have been fully authorized to execute this Agreement and to validly
and legally bind their principals to all the terms,performances and provisions herein set forth.
CITY 0 PUEBLO _ _ ATTEST:
Steve , . , President ofry C' Clerk
APPROVED AS TO LEGAL FORM:
}G-
City Attorney
BOARD OF COUNTY COMMISSIONERS ATTEST:
OF THE COUNTY OF PARK, CO I ' 10
r e�►.
Mike Brazell, airman ••:���°�
V• •• •�
: . 0
1:05
to 401 I / j,,,0
t1 V UNrr�j,„
APPROVED AS TO L1GAL FORM:
i ..a ,1Z,4C-_,. iQQ,Qc,... ,.
County Attorney