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HomeMy WebLinkAbout09609ORDINANCE NO. 9609 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE HUMAN RELATIONS COMMISSION BETWEEN BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO AND THE CITY OF PUEBLO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement governing the Human Relations Commission between Board of County Commissioners of Pueblo County, Colorado, and the City of Pueblo, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized and directed to execute the 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 2. This Intergovernmental Agreement will replace the original intergovernmental agreement governing the Human Relations Commission between the Board of County Commissioners of Pueblo County, Colorado, and the City of Pueblo dated May 29, 2001. As of the execution of this agreement the prior agreement shall be cancelled. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the policies and procedures described therein. SECTION 4. This Ordinance shall become effective on the 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 November 11, 2019. Final adoption of Ordinance by City Council on November 25, 2019 . President of City Council Action by the Mayor: ☒ Approved on November 27, 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 City Clerk City Clerk’s Office Item # R-15 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 11, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Kyle Aber, Assistant City Attorney SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE HUMAN RELATIONS COMMISSION BETWEEN BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO AND THE CITY OF PUEBLO SUMMARY: Attached is an ordinance adopting a new intergovernmental agreement (“Agreement”) between the City of Pueblo and the Pueblo County which will replace the intergovernmental agreement that created and controls the Human Relations Commission (HRC). PREVIOUS COUNCIL ACTION: On May 29, 2001 the City Council of Pueblo and the Board of County Commissioners of Pueblo approved and entered into an intergovernmental agreement which created the HRC. Since, that time both City Council and the Board of County Commissioners have appointed members to the HRC and provided funding for the HRC as required by the agreement. BACKGROUND: The current chair of the HRC approached the City and County with some concerns regarding the original agreement. Over the course of the last 18 years the HRC has operated with minimal oversight from either the City or the County. The HRC was concerned that they were not operating in a manner that met all of the HRC’s obligations under the original agreement. The City Attorney’s Office in conjunction with the County Attorney’s Office met with representatives of the HRC and the Parties to the original agreement in order to update the IGA and to confirm the intent of the Parties and purpose of the HRC. The attached Ordinance approves the new Agreement between the City of Pueblo and Pueblo County. FINANCIAL IMPLICATIONS: The City is responsible for approving of the HRC’s budget and providing funds in cooperation with the County. However, the City’s financial involvement with the HRC will not change in the new Agreement. BOARD/COMMISSION RECOMMENDATION: The Human Relations Commission has been consulted throughout this process and supports the passing of this ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the City Council rejects this ordinance the HRC will continue to operate under the original agreement to the best of their ability. RECOMMENDATION: Approve the Ordinance Attachments: Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT THIS AMENDED AND RESTATED AGREEMENT, made and entered into this 24th day of October, 2019, between Pueblo, a Municipal Corporation; organized and existing under the Constitution and laws of the state of Colorado (herein "City") and Pueblo County, Colorado, a political subdivision of the state of Colorado, organized and existing under the constitution and laws of the state of Colorado (the "County"). WITNESSETH: RECITALS A. Art. XIV, sec. I8(2)(a) and (b) of the Colorado Constitution and the Colorado Intergovernmental Relationships statute contained in §29-1-201 et. seq. C.R.S., authorize political subdivisions to cooperate and contract with one another, including the establishment of a separate legal entity, to provide any function, service or facility lawfully authorized to each of the contracting units, including the sharing of costs, if such contract sets forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the contracting parties. B. Both of the Parties hereto are political subdivision as defined in §29-1-202(2) C.R.S., and desire to cooperate and, contract with each other to create a separate legal entity to develop, implement and administer a human relations commission within the jurisdictional boundaries of the City and the County known as the Pueblo Human Relations Commission (PHRC). C. The development,implementation and administration of the PHRC shall further the purposes of and be within the powers and authority of both Parties. D. Prior Agreements. All prior agreements including but not limited to the Agreement of May 29th, 2001 between City and County relating to the establishment, conduct and operation of the Human Relations Commission are hereby terminated and cancelled. AGREEMENT In consideration of the foregoing Recitals and mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I —HUMAN RELATIONS THE COMMISSION 1.1 Creation and Purpose. There is hereby created and organized as a separate legal entity pursuant to §29-1-203 C.R.S., the Pueblo Human Relations Commission ("the Commission"), the purpose of which is to serve as an instrumentality through which the City and the County of Pueblo may officially encourage and bring about mutual understanding and respect for all persons of any marginalized groups including but not limited to; age, race, creed, color, disability, gender, sexual orientation or national origin; throughout Pueblo County, and help give effect to equal rights for all persons as assured by the federal and state constitutions and laws. 1.2 Membership. The membership of the Commission shall consist of fifteen members, one of whom shall be between fifteen (15) and twenty-one (21) years of age. Five members, including the youth member, shall be appointed jointly by the City and the County; five members shall be appointed by the City;and five members shall be appointed by the County. Members shall serve without compensation. The Parties to this agreement shall strive to make the board broadly representative of the religious, racial, gender, sexual orientation, disabled, ethnic and generational groups of the City and the County. The Chair of the Commission may, but is not required to, communicate to the Mayor and the Chair of the Board of County Commissioners any needs the board has to achieve broad representation of the community. The youth member shall serve a one-year term. The remaining members shall be appointed for three-year terms, except that the initial members shall be appointed and serve staggered terms, as follows: the remaining four members jointly appointed by the parties shall serve one year; of the five members appointed by the City three shall serve two years and the remaining two shall serve for three years; and of the five members appointed by the County three shall serve for two years and the remaining two shall serve for three years. Thereafter, each member shall serve for three years. If at the end of their term the authority that appointed the member fails to appoint a replacement, for any reason, the outgoing member may remain on the Commission if they so choose. That member shall remain on the Commission until the appointing authority takes action to reappoint or remove the remaining member or to appoint a new member. 1.3 Removal and Vacancies. A commission member may be removed by the majority members of his or her respective appointing authority for any reason. Vacancies shall be filled by the authority that appointed the member who creates a vacancy. 1.4 Officers. The Commission shall select from its membership a Chair and a Vice- Chair of the Commission from among the members jointly appointed by the City and the County. The Commission shall select such other officers as it may determine necessary. 1.5 Quorum. Official action by the Commission requires an affirmative vote of a quorum and a majority of the members then appointed shall constitute a quorum. In the event that an equal number of commissioners is appointed half of those members appointed shall constitute a quorum. 1.6 Functions of The Commission. The functions of the Commission shall be as follows: a) To foster the community's respect for and understanding of all marginalized groups of the City and County; b) To discourage and to take affirmative steps to prevent discriminatory practices against any such groups or its members; c) To cooperate with state and federal agencies and non-governmental organizations performing similar functions; to make such investigations and studies in the field of human relations as in the judgment of the Commission will aid in effectuating its general purpose; and d) To recommend programs, activities and legislation to the City and the County. c) To engage in outreach, education, and cooperation with the citizens of the City and County of Pueblo, in furtherance of the commission's purpose. ARTICLE II—POWERS AND DUTIES OF THE COMMISSION 2.1 The Commission may exercise any and all powers in furtherance of its purpose and functions, which power; shall include, but shall not be limited to the following: 2.2 General Powers. a) To exercise all the powers of the Commission in connection with the purposes set forth herein. b) To incorporate and conduct business as a non-profit entity. c) To hire staff as necessary to manage, control and supervise all of the business and affairs of the Commission. In addition, the Commission may seek the assistance of such technical and professional personnel as it may determine necessary to assist it in that: performance of its duties and purposes. d) To create advisory committees and subcommittees as in the Commission's judgment will aid in, effectuating the purposes of this Agreement, including but not limited to studying the problems of intolerance in any fields involving community relationships and developing methods of effecting community involvement for the purpose of implementing good principles of human relations. The Commission may also appoint members to serve on advisory committees, which members shall serve without compensation. e) To make and enter into contracts that are in furtherance of the function, purpose and obligation of the Commission with the Parties to this Agreement (either jointly or separately), the state of Colorado, the federal government, any other governmental body or unit, or any private person, partnership or corporation or other private entity; provided, however, that (i) before the purchase of supplies, materials, services or equipment, ample opportunity shall be given for competitive bidding, and(ii) any contracts for capital improvements shall be awarded to the lowest and best bidder by competitive scaled bidding after ample advertising. f) To fix and from time to time increase or decrease fees, rates or charges for services, programs, or facilities furnished by the Commission. g) To promote and market the Commission and its activities. h) To sue or be sued and to be a party to suits, actions, and proceedings. 2.3 General Duties: a) Adopt its own by-laws, which shall not be inconsistent with any provision of this Agreement. b) To adopt, amend, publish, and rescind rules and regulations regarding the operation of the commission, consistent with the powers and the duties outlined in this Agreement and any corresponding City and County ordinance, resolution or policy. c) Conduct its meetings in accordance with the Colorado Open Meetings Law, §24-6401 et seq C.R.S., as amended. d) Obtain appropriate liability and casualty insurance. e) Appropriate and expend fund in accordance with the Approved Annual Plan and Budget adopted and approved as provided in Article IV hereof. f) Cooperate with federal and state agencies, as may be required by law and whenever it deems such action is appropriate in effectuating the policy and purpose of this Agreement. 2.4 Specific Powers and Duties. In addition to its general powers and duties, the Commission has the following powers with respect to the functions described herein: a) To receive complaints or requests made to the Commission, or to act on its own initiative, to examine issues of City or County systemic racial, religious, gender, sexual orientation, disability, age-related and ethnic group tensions and misunderstandings or City or County systemic practices of racial, religious, gender, sexual orientation, disability, age-related or ethnic discrimination. In addition,the Commission may-receive complaints or requests to examine such issues concerning third parties; provided however, such parties must agree to participate in the Commission's proceedings. In connection with its examinations,the Commission may conduct public hearings and hold other public forums. Nothing in this section or Agreement shall be construed to authorize the Commission to investigate and hear individual complaints of discrimination against any person, or against any organization or entity that, is not a party to this agreement without their or its consent. Such complaints shall be referred to the appropriate City, County or state agency. In addition, nothing in this Agreement shall be construed to authorize the Commission to issue subpoenas or to impose any sanctions against any individuals, agencies, or organizations. b) To request the attendance of witnesses, accept written, or oral statements or other documentation of any interested person and to request the production of any supporting materials relating to any matter pertaining to an issue before the Commission. c) To gather additional information and conduct research into issues presented to the Commission or raised by the Commission itself. d) To make a record in writing setting forth the information communicated to the Commission and including the Commission's recommendation, if any, to the City and the County. To refer matters to the appropriate agency or department of the City or County. e) To enlist the cooperation of the various racial, religious, gender, sexual orientation, disabled, age-related and ethnic groups, community organizations, labor organizations,fraternal and benevolent associations and other groups in a community involvement program that focus on human relations, and that is devoted to teaching the need of eliminating discrimination intolerance and for fostering respect and understanding among all racial, religious, gender, sexual orientation, disabled, age-related and ethnic groups in the City and County. f) To cooperate with the various governmental agencies, including but not limited to the Board of Education of School Board District Nos. 60 and 70, Pueblo Area Council of Governments and its member governmental entities, and the Pueblo and Latino Chambers of Commerce. in developing presentations for public and private schools, public libraries, museums and other suitable places showing the contributions of the various races, religious, gender, sexual orientation, disabled, age-related and ethnic groups to the culture and traditions of the City and County and the need for mutual respect and understanding among such groups. g) To promote the establishment of local community organizations when and where the Commission may deem it desirable, consisting of representatives of different groups in such community to plan and carry out human relations educational programs in such community. h) To submit an annual report to the City and the County. i) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers hereby granted. j) All powers listed in this section 2.4 shall be exercised at the discretion of the Human Relations Commission, nothing in this section shall be interpreted to impose an affirmative duty upon the Commission as a whole or any of its members individually. ARTICLE III-DUTIES OF PARTIES 3.1 Cooperation with Commission. All City and County Departments shall cooperate with the Commission and provide information or documents, except that such duty shall not apply to confidential information or documents not subject to inspection or disclosure under the Colorado Public (Open) Records Act, Parts 2 and 3, Article 72, Title 24, C.R.S. or any other confidentiality statute or authority. In addition, this duty to cooperate: shall not apply to individual complaints as described in Paragraph a) of Section 2.4 of this Agreement. All requests for information or documents shall be at the official request of the Commission and not by any individual member of the Commission. ARTICLE IV - BUDGET 4.1 The Commission shall prepare an annual operating plan and line item budget for the promotion, management, supervision, maintenance, development, and operation of the Commission specifically identifying all items of anticipated revenues, including funds from each Party, and expenditures for the next calendar year(the "Annual Plan and Budget"). 4.2 The appropriate budget or financial officers of each Party shall jointly meet with the Commission no later than August 1 of each year to consult with the Commission in the preparation of the Annual Plan and Budget. 4.3 The final proposed Annual Plan and Budget shall be submitted to each Party on or before August 31 of each year, commencing August 31, 2020. 4.4 The appropriate budget or financial officers of each Party shall cause the annual budget prepared and submitted by such officers to the governing body of such Party to contain a specific line item for an appropriation to the Commission based upon the proposed Annual Plan and Budget submitted by the Commission together with written recommendations, if any, of such officers. The governing body of each Party shall, in its sole discretion, approve such budgeted specific line item for appropriation to the Commission in an amount equal to, or greater or lesser than the amount contained in the Commission's proposed Annual Plan and Budget. The funds budgeted and appropriated by a Party may be disbursed to the Commission on such periodic basis during the calendar year as that Party may determine. If, during any calendar year, Commission revenues are greater than revenues contained in the Approved Annual Plan and Budget for that calendar year, each Party may proportionately reduce its appropriation to the Authority for that calendar year. 4.5 The Parties hereby declare their present intention and expectation to annually appropriate and budget a pro-rata equitable share of the expenses in excess of revenues for the development implementation and administration of the Commission as follows: City - 50%, County - 50%; however, this declaration shall not be construed as contractually obligating or binding on the Parties. It is the further intent of the Parties, that the decision to budget and appropriate funds for the development, implementation and administration of the Commission shall be made solely by the governing body of each Party and not by the Commission or any individual officer of such Party. Any obligation of a Party to budget and appropriate funds for the development, implementation and administration of the Commission shall be from year to year only and shall not constitute a mandatory payment obligation of a Party in any fiscal year beyond a fiscal year during which such funds are budgeted and appropriated. Neither this Agreement nor any provision hereof shall be construed or interpreted as creating a general obligation or debt or indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation whatsoever of any Party with.in the meaning of any constitutional, statutory or charter debt limitation. 4.6 The Commission shall only commit and expend finds in accordance with the Approved Annual Plan and Budget and shall not make any budgetary appropriation or encumbrance or incur any debt or multiple-fiscal year financial obligation or initiate any purchase or construction of any facility, improvement or equipment which will require an expenditure or payment in any succeeding fiscal year unless the financial obligations of the Authority payable in any succeeding fiscal year are contingent upon funds for the purpose being appropriated,budgeted, and otherwise made available. 4.7 All revenues derived from activities conducted by the Commission shall be paid to, collected and held by the Commission in a separate account and expended by the Commission solely for the management and operation of the Commission. The Commission will at least quarterly prepare and submit to each Party a financial report showing by line item all such revenues and expenditures during the prior quarter year-to-date, and prior two years' actual revenues and expenditures. ARTICLE V - LIABILITY. INDEMNIFICATION AND IMMUNITY. 5.1 Neither of the Parties hereto, nor their governing bodies, officers, agents or employees,shall be liable or responsible for any act or undertaking of the Commission,contractual or otherwise, regardless of the procedure by which such act or undertaking may be entered into, including the approval by any Party. 5.2 The Commission shall, to the extent permitted and within, the limitations of the Colorado Governmental Immunity Act Section 24-10-101, et. seq., C.R.S., ("the Act"), indemnify and defend each member, officer and employee of the Commission in connection, with any claim or actual or threatened suit, action or proceedings in which he or she may be involved in his or her official capacity by reason of his or her being or having been a member, officer or employee of the Commission, or by reason of any action or omission by him or her in any such capacity; provided, however, the Commission shall have no obligation to indemnify and defend any such member, officer or employee of the Commission for any suit, claim, action or proceedings arising out of criminal offenses,willful and wanton acts or omissions,or gross negligence of such member, officer or employee. The Commission' s obligations pursuant to this Article shall be limited to monies of the Commission available for such purpose, including, but not limited to, insurance proceeds. 5.3 Immunity.The Commission the City and the County,and their respective members, officers and employees shall be entitled to all immunities, protections and limits on liability provided by the Act. and all other applicable laws in connection with the organization, operation and activities of the Commission and the activities of the City and the County in connection therewith. None of such immunities, protections or limits on liability may be waived. ARTICLE VI-DEFAULT, WITHDRAWAL AND TERMINATION 6.1 Either Party may withdraw as a participating Party under this Agreement upon action taken by its governing body delivered to the Commission and the other Party at least one hundred eighty (180) days prior to December 31 of the year of withdrawal. 6.2 The term and position of any member of the Commission appointed by a withdrawn Party shall automatically expire and vacate upon the effective date of such withdrawal. 6.3 The withdrawal of any Party shall immediately terminate this Agreement. The Commission, however, may continue as permitted by the remaining party's governing body. 6.4 In the event of the termination of this Agreement or the dissolution of the Commission, all assets of the Commission, including revenues collected from sources other than the City and County, shall be transferred to City and County proportionate to their respective appropriations to the Commission, unless the Commission is otherwise required to return such assets to the source from which it was obtained or received. ARTICLE VII—MISCELLANEOUS 7.1 This Agreement shall become effective upon the date it is approved by the governing bodies of both of the Parties, and may be amended or modified in writing approved by the governing bodies both of the Parties. 7.2 This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado. 7.3 If any section, clause or provision of this Agreement shall for any reason be determined to be invalid or unenforceable, such determination shall not affect any of the remaining sections, clauses or provisions of this Agreement. 7.4 This Agreement may not be assigned in whole or in part by any Party. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors. 7.5 Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation other than the City and County any right, remedy or claim under or by reason of this Agreement. Nothing in this Agreement shall be construed to require the Commission to conduct hearings or respond to complaints, which in the discretion of the Commission do not warrant such action. 7.6 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original; but such counterparts shall together constitute but one and the same agreement. 7.7 Nothing in this Agreement shall be deemed or construed to limit, impair or restrain any of the powers and authority of the City or the County conferred by constitution, statute, charter or other laws, which powers include but are not limited to, the lawful exercise of their respective legislative powers. IN WITNESS WHEREOF, the City and the County have executed this Agreement as of the date first above written and under laws of the State of Colorado. ATTEST: COUNTY OF PUEBLO .g:_ix + ��r By: By: erk to the Boar. Chair, B rd Aounty ommissioners Date: /0 ATTEST: CITY OF PUEBLO A Municipal Corporation Bye • (L iltt L B City Clerk _. . - MAydR. Date: /l-07,7-Aa/ [ SEAL ] APPROVED AS TO FORM: APPROVED AS TO FORM: By: /V4�t�i-�`'( By: ' 6(/h t.J < • ic-C �ti/'/.zt Count3j, Attorney City Attorney