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HomeMy WebLinkAbout09244 ORDINANCE NO. 9244 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE DOUGLAS COUNTY SHERIFF’S OFFICE RELATING TO THE HOUSING OF PUEBLO MUNICIPAL COURT SENTENCED INMATES IN THE DOUGLAS COUNTY DETENTION FACILITY 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 the Douglas County Sheriff’s Office, 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 to implement the policies and procedures described therein. SECTION 4. This Ordinance shall become effective ten (10) days following final passage and approval. INTRODUCED February 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: March 12, 2018 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 26, 2018 TO: President Christopher A. Nicoll and Members of City Council VIA: Brenda Armijo, Acting City Clerk FROM: Sam Azad, City Manager SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE DOUGLAS COUNTY SHERIFF’S OFFICE RELATING TO THE HOUSING OF PUEBLO MUNICIPAL COURT SENTENCED INMATES IN THE DOUGLAS COUNTY DETENTION FACILITY SUMMARY: This Ordinance approves an intergovernmental agreement (“IGA”) with the Douglas County Sheriff’s Office for the provision of housing services for Pueblo Municipal Court sentenced inmates in the Douglas County Detention Facility. PREVIOUS COUNCIL ACTION: On July 10, 2017, City Council approved the initial contract with Douglas County. Due to turn over in Douglas County, the July 10, 2017 contract was never executed by Douglas County. Douglas County requested that a new contract be executed. The two contracts are substantially similar. BACKGROUND: Pueblo County Jail will no longer house defendants sentenced on municipal only charges. Nonetheless, jail remains an appropriate sanction for serious offenses, serious repeat offenders and those that defiantly refuse to comply with Court orders. This Ordinance institutes a pilot program to house repeat shoplifters in the Douglas County Detention Facility. Requiring Municipal Court inmates to complete their jail sentences in Douglas County will hopefully deter those inmates from committing future crimes such as shoplifting in the City of Pueblo. FINANCIAL IMPLICATIONS: The IGA provides that the City will pay the daily rate of $54.39 per day, per inmate to Douglas County for inmate boarding. The City of Pueblo and Douglas County have agreed that the number of Pueblo Municipal inmates will not exceed fifteen (15) inmates at 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 lea/'day of 1'`/1/4 KR..C 1-I► , 2018, by and between the CITY OF PUEBLO (hereinafter referred to as "Pueblo") and the BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY ("Douglas"), on behalf of the DOUGLAS COUNTY SHERIFF'S OFFICE ("DCSO"). 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(1)(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 its municipal prisoners and the Pueblo County Sheriff's Office 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 Douglas has agreed to house Pueblo Municipal sentenced inmates when space is available; and WHEREAS, Pueblo and Douglas desire to enter into an agreement for the housing of Pueblo Municipal sentenced inmates in the Douglas County Detention Facility 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 Douglas County Detention Facility. With regards to the subject of this Agreement, neither party, nor employee of either party, is authorized to act for any purpose outside of the terms and conditions contained herein. This Agreement shall provide for the process by which Pueblo municipal inmates will be housed in the Douglas County Detention Facility, should Pueblo determine that the Pueblo County Jail has become overcrowded. It also provides for the payment structure between the parties for such housing. b. Pueblo, from time to time, and in its sole discretion, will determine when it is necessary to house Pueblo municipal inmates within the Douglas County Detention Facility. Douglas will assess its ability to house additional inmates, 1 and may consent to housing Pueblo municipal inmates depending on capacity and any other factors at Douglas' discretion. c. The criteria used to assess which Pueblo municipal inmates are to be housed in the Douglas County Detentions Facility include, but are not limited to, whether or not the individual has mental health or medical health needs. Pueblo shall not knowingly send inmates with significant mental or medical healthcare needs to Douglas. Should significant mental or medical healthcare needs of a municipal inmate be determined at a later date, Pueblo and Douglas shall confer as to the disposition of the inmate. Pueblo shall be responsible for any cost of care normally within its purview. d. The number of Pueblo municipal inmates will not exceed fifteen (15) inmates at any given time, to be housed in the Douglas County Detention Facility. e. In the event Douglas accepts prisoners and detainees from Pueblo, Douglas shall be responsible for confining and supervising the detainees and prisoners. Douglas shall provide detainees and prisoners such care and treatment including subsistence, providing for their physical needs, making available such other programs of training and treatment which are consistent with Douglas' present programs offered to Douglas' detainees and prisoners, retain them 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 party 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. In the event of injury to or medical need of a Pueblo municipal inmate while housed in the Douglas County Detention Facility, Pueblo will be responsible for any costs associated with the Pueblo municipal inmate. Douglas 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. h. All transportation of Pueblo municipal inmates between Pueblo and Douglas will be the responsibility of Pueblo and will not be done by Douglas, unless specific requests have been made and approved by the Douglas County Detention Division Commander. Douglas 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 Douglas County Sheriff or his designee shall notify the Pueblo Municipal Court Judge at least twenty-four (24) hours prior to the early release of any Pueblo prisoner or detainee, and shall surrender the custody of any Pueblo prisoner or detainee to Pueblo upon demand. Pueblo 2 prisoners shall not be granted furloughs or leaves and shall not be assigned to work outside of the Douglas County Detention Facility without the prior written approval of the Pueblo Municipal Court. A Douglas representative shall notify Pueblo at the earliest practicable time of any emergency, significant incident, or prior authorized removal of a Pueblo prisoner. j. 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. 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$54.39 per day per inmate to Douglas for inmate boarding. 3. TERM AND TERMINATION: This Agreement shall be in effect beginning January 1, 2018 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 its term. 5. PERSONNEL: Any member of either agency assigned to fulfill contract services shall remain under the control of his/her home party and will be afforded the employment rights and benefits thereunder. 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, C.R.S. et seq., 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. 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 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 ON CITY: This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor deemed to constitute, the creation of a debt or multi-year fiscal obligation or an 3 obligation of future appropriations by the City Council of Pueblo, 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 Pueblo which may arise under this Agreement in any fiscal year, 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, by Pueblo. 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: City of Pueblo: Carla L. Sikes, Municipal Judge Pueblo Municipal Courts City of Pueblo 200 South Main Street Pueblo, CO 81003 (719) 562-3810 csikes@pueblo.us cc: Daniel Kogovsek City Attorney 1 City Hall Place, 3rd Floor Pueblo, CO 81003 4 Douglas County: Captain Kevin Duffy Douglas County Sheriff's Office 4000 Justice Way Castle Rock, CO 80109 (303) 814-7037 KDuffyADCSheriff.net cc: Kelly Dunnaway Deputy County Attorney 100 Third Street Castle Rock, CO 80104 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 . inc'pals to all the terms, performances and provisions herein set forth. CITY 0 PUE : O ATTEST: By: i �( t £ kJ Christopher A. Nicoll A�_fi'n9 City Clerk ` City Council President DATE: 3 6,2 / / g DATE: 3- 2 l fS ARVEATO GA OL : ;L�. . .�� ►; • _ _ '. ►0,0A (140 ."City Attorney DATE: 3)91i ig 5 DocuSign Envelope ID:486685BB-01C9-4388-A88B-03F7061F2AB5 BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY DOUGLAS COUNTY SHERIFF'S OFFICE: Do CuSi/g�nn�ed by:�lwe S: 0NJ I� c .clock_ Tony G.Spurlocr--"ett Sheriff DATE: 4/10/2018 APROVED AS TO LEGAL FORM: DocuSigned by: Kelly Dunnaway Deputy County Attorney DATE: 4/11/2018 APPROVED AS TO FISCAL CONTENT: 2Docuu Sylygn�e�d�byy:/, ,// btl draw Copland Finance Director DATE: 4/11/2018 6