HomeMy WebLinkAbout09419ORDINANCE NO. 9419
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION AND LAS ANIMAS COUNTY,
COLORADO RELATING TO THE HOUSING OF PUEBLO
MUNICIPAL COURT SENTENCED INMATES IN THE LAS
ANIMAS 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 Las Animas County, Colorado, attached hereto,
having been approved as to form by the City Attorney is hereby approved.
SECTION 2.
The Mayor of the City is hereby authorized to execute said intergovernmental
agreement for and on behalf of the City and the Acting 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 on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 11, 2019.
Final adoption of Ordinance by City Council on .
February 25, 2019
President of City Council
Action by the Mayor:
Approved on February 28, 2019 .
☒
□
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Acting City Clerk
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 11, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, Acting City Clerk
FROM: Kyle Aber, Assistant City Attorney
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND LAS
ANIMAS COUNTY, COLORADO RELATING TO THE HOUSING OF PUEBLO
MUNICIPAL COURT SENTENCED INMATES IN THE LAS ANIMAS COUNTY
JAIL
SUMMARY:
This Ordinance approves an intergovernmental agreement (“IGA”) with the Board of County
Commissioners of Las Animas County, Colorado for the provision of housing services for Pueblo
Municipal Court inmates in the Las Animas County Jail.
PREVIOUS COUNCIL ACTION:
Similar IGAs were entered into with the Douglas County Sheriff’s Office on July 24, 2017 and the
Park County Sheriff’s Office on September 25, 2017.
BACKGROUND:
Due to overcrowding, the Pueblo County Jail is no longer able to house municipal offenders.
Municipal offenders often fail to appear for court multiple times before they are brought before the
Court in-custody. Under these circumstances, Municipal Court needs the ability to hold offenders
until they can be appointed counsel, arraigned or the case can be resolved.
In addition, habitual offenders, such as shoplifters, are an ongoing and serious issue in the City.
When the less stringent sanctions (fines, community service, probation) fail to address the
criminal behavior, the court must be able to impose the further sanction of incarceration. This
ordinance will allow the court to ensure that offenders who are sentenced to a term of
incarceration will serve that term in full before being released. Ultimately, allowing the court to
carry out its purpose as laid out in the City Charter.
FINANCIAL IMPLICATIONS:
The IGA provides that the City will pay the daily rate of $55.00 per day, per inmate to Las Animas
County for inmate boarding. The City of Pueblo and Las Animas County have agreed that the
number of Pueblo Municipal inmates will not exceed fifteen (15) inmates in any given time.
BOARD/COMMISSION RECOMMENDATION:
Municipal Court recommends approval of the ordinance.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If this Ordinance is not approved, Municipal Court will be prevented from efficiently resolving
cases and fulfilling its purpose as set forth in the City Charter.
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 l'/ 4i1 day of , 2019, by and
between the City of Pueblo ("Pueblo") and the i1;3 /In' 7705 6:44 fi ( ).
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 Las Animas County has agreed to house Pueblo
Municipal inmates during those times when space is available; and
WHEREAS, Pueblo and Las Animas County desire to enter into an agreement for the
provision of housing Pueblo Municipal inmates in the Las Animas 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 Las Animas County Detention Facility; 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 Las Animas County Detention Facility 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 Las Animas County Detention Facility. Las
Animas 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 their discretion. Las Animas County will have the right to reject
any proposed inmate or request the immediate removal of any inmate they deem
unsuitable for their facility.
c. The criteria used to assess which Pueblo municipal inmates are to be housed in
the Las Animas County Detentions Facility include, but are not limited to,
whether or not the individual has mental health or medical health needs.Pueblo
shall not send inmates with significant mental or medical healthcare needs to
Las Animas County.
d. The number of Pueblo municipal inmates will not exceed fifteen inmates at any
given time to be housed in the Las Animas County Detention Facility.
e. In the event Las Animas County accepts prisoners and detainees from Pueblo,
they shall be responsible to confine and supervise the detainees and prisoners
that are confined in the Las Animas County Detention Facility. Las Animas
County shall provide detainees and prisoners such care and treatment including
subsistence, providing for their physical needs, make available such other
programs of training and treatment which are consistent with Las Animas
County present programs offered to Las Animas County 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 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. In the event of injury to or medical need of a Pueblo municipal inmate while
housed in the Las Animas County Detention Facility,Pueblo will be responsible
for any costs associated with the Pueblo municipal inmate, including but not
limited to all medical expenses, medical transport and medications.
h. Any/all transportation of Pueblo municipal inmates between Pueblo and Las
Animas County will be the responsibility of Pueblo and will not be done by Las
Animas County unless specific requests have been made and approved by the
Las Animas County Sheriff
i. Las Animas County shall make all reasonable efforts to ensure that Pueblo
Municipal Court imposed sentences and/or orders are faithfully and fully
executed, and otherwise comply with applicable law. The Las Animas 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 Las Animas County Detention Facility without the prior
written approval of the Pueblo Municipal Court Judge. A Las Animas County
Sheriff 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 mattes 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 Las Animas County for inmate boarding.
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 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.
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
institute, nor deemed to constitute, the creation of a debt or multi-year fiscal obligation or an
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 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, 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:
Pueblo:
Carla L. Sikes, Municipal Judge cc: Daniel C. Kogovsek
Pueblo Municipal Court City Attorney
City of Pueblo 1 City Hall Place, 3rd Floor
200 South Main Street Pueblo, CO 81003
Pueblo, CO 81003
(719) 562-3810
csikes@pueblo.us
Las Animas County:
Sheriff Derek Navarette cc: Pamela Salapich Nelson, LLC
2309 E. Main Street Attorney & Counselor at Law
Trinidad, CO 81082-2789 305 W. Main Street
719-846-2211 Trinidad, CO 81082-2789
719-846-8298
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 OF PUEBLO ATTEST:
By: dfa,,,dc.;07 ` ALex\c1-a
Nicholas A. Gra , Mayor Acting City Clerk
APPROVED AS TO LEGAL FORM:
,G• �B--,jo✓.a-C-�G
City Attorney
APPROVED AS TO LEGAL FORM:
County Attorney, Las Animas County
APPROV'r Il/TO FISCAL CONTENT: COUNTY SHERIFF
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