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,
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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
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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
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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
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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
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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
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