HomeMy WebLinkAbout06695ORDINANCE NO. 6695
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO
COUNTY, COLORADO CREATING THE PUEBLO HUMAN
RELATIONS COMMISSION, AUTHORIZING THE PRESIDENT
OF THE CITY COUNCIL TO EXECUTE SAME, AND
REPEALING CHAPTER 4 OF TITLE II OF THE PUEBLO
MUNICIPAL CODE AND ORDINANCE NO. 3329 CREATING
THE PUEBLO COMMISSION ON COMMUNITY RELATIONS
WHEREAS, members of the community have encouraged the formation of a commission to
function within both the City and the County of Pueblo to provide an instrumentality through which
the City and County of Pueblo may officially encourage and bring about mutual understanding and
respect for all persons of any race, creed, color, disability, gender, sexual orientation or national
origin through both the City and County of Pueblo, and help give effect to the guarantee of equal
rights for all as assured by the constitution and laws of the state of Colorado and United States; and
WHEREAS, the Intergovernmental Agreement creating the Pueblo Human Relations
Commission furthers those purposes and is in the best interest of the people of the City of Pueblo.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Intergovernmental Agreement dated May 29, 2001 between the City of Pueblo and
Pueblo County, Colorado creating the Pueblo Human Relations Commission, a copy of which is
attached hereto and incorporated herein, having been approved as to form by the City Attorney, is
hereby approved.
SECTION 2
The President of the City Council is authorized to execute the Intergovernmental Agreement
in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest
same.
SECTION 3
Chapter 4 of Title II of the Pueblo Municipal Code and Ordinance No. 3329 creating the
Pueblo Commission on Community Relations are hereby repealed in their entirety.
INTRODUCED: May 29, 2001
APPROVED:
r�
ATTESTED R
City Clerk
PASSED AND APPROVED: June 11, 2001
the City Council
-2-
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT, made and entered into this M Zi. day of Al � , 2001,
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. 18 (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.
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 race, creed, color, disability, gender, sexual orientation or national
-1-
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 and shall be broadly representative of the religious, racial,
gender, sexual orientation, disabled, ethnic and generational groups of the City and the County.
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.
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 President of City Council of City and the Chairman of the Board of
County Commissioners of County shall jointly select a chairman 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 eight (8) members shall constitute a quorum.
1.6 Functions of The Commission. The functions of the Commission shall be as
follows:
a) To foster mutual respect and understanding among all racial, religious,
gender, sexual orientation, disabled and ethnic 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.
-2-
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 powers 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 an executive director and such other staff 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 the 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 sealed 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.
-3-
b) To adopt, amend, publish and rescind rules and regulations regarding the
operation of the Commission, consistent with the powers and 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 funds in accordance with the Approved Annual
Plan and Budget adopted and approved as provided in Article IV hereof.
0 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 purposes 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, and ethnic group tensions and misunderstandings or City or County
systemic practices of racial, religious, gender, sexual orientation, disability 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, take 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 extraneous research into
issues presented to the Commission or raised by the Commission itself.
d) To make a report in writing setting forth the facts established by the
Commission's examination and including the Commission's recommendations to the City and
the County. To issue reports of its examination to any other person, agency or organization
deemed appropriate by the Commission.
-4-
e) To refer matters for investigation and hearing to the appropriate agency or
department of the City or County in cases where such agency or department of the City or
County has authority over such complaints or to the Colorado Civil Rights Commission, where
appropriate.
0 To enlist the cooperation of the various racial, religious, gender, sexual
orientation, disabled., and ethnic groups, community organizations, labor organizations, fraternal
and benevolent associations and other groups in a community involvement program that focuses
on human relations and that is devoted to teaching the need of eliminating discrimination and
intolerance and for fostering respect and understanding among all racial, religious, gender,
sexual orientation, disabled, and ethnic groups in the City and County.
g) 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 courses of instruction for presentation in public and private schools,
public libraries, museums and other suitable places showing the contributions of the various
races, religious, gender, sexual orientation, disabled, and ethnic groups to the culture and
traditions of the City and County and the need for mutual respect and understanding among such
groups.
h) 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.
i) To submit an annual report to the City and the County.
j) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers hereby granted.
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.
-5-
ARTICLE IV - BUDGET
4.1 The Commission shall, after consultation with the appropriate budget or financial
officers of each Party, 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, 2001.
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 9 16,
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 within the meaning of any constitutional, statutory or charter
debt limitation.
I MO
4.6 The Commission after adoption of the budgets of each Party shall adopt the
Authority's Annual Plan and Budget including the amounts, if any, each Party has budgeted and
appropriated for the administration of the Commission for the next calendar year (the "Approved
Annual Plan and Budget ").
4.7 The Commission shall only commit and expend funds 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 that purpose being
appropriated, budgeted, and otherwise made available.
4.8 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
-7-
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 is 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
-8-
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.
Executed as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF PUEBLO COUNTY, COLORADO
PUEBLO, A
CORPORAT
AL
C irman, Board of County Commissioners
Attest:
County Clerk and Recorder
Approved as to -form:
ounty omey
U:\B\KIGA,HCR 2001.DOC
IM
Council
Attest: 1 t_ �
-� � \
Cit lerk
i
City Attorney
STATE OF COLORADO, l
s5.
County of Pueblo,
The Board of County Commissioners met in Regular session in its
office in Pueblo County, Colorado, on Tuesday the 22nd day of
May A.D.192001, at 7:00 P.M. _ o'clock.
Present: Mart Peul en Chairman.
" T.orett:e Kennarly County Commissioner.
"
John T K1 omn County Commissioner.
Terri A Hart County Attorney.
"
Slip M- Kounri rh, De-p Clerk County Clerk or Deputy.
When the following proceedings, among others, were had and done, to wit:
RESOLUTION NO. 01 -152 APPROVING THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF
PUEBLO AND PUEBLO COUNTY TO CREATE
THE PUEBLO HUMAN RELATIONS
COMMISSION
WHEREAS, Sections 18(2)(a) and (b) of Article X1V of the Constitution of the State of
Colorado and the Colorado Intergovernmental Relationships statute, Section 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; and
WHEREAS, the City of Pueblo and Pueblo County are political subdivisions as defined
in Section 29 -1- 202(2), C.R.S., and desire to cooperate and contract among themselves 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); and
WHEREAS, the development, implementation and administration of the Pueblo Human
Relations Commission will be in furtherance of the purposes of, and within the powers and
authority, of each of the parties; and
WHEREAS, the City of Pueblo and Pueblo County desire to enter into an
Intergovernmental Agreement creating said separate legal entity, naming it the Pueblo Human
Relations Commission, and setting forth the rights and duties of each of the parties.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Con of
Pueblo County, Colorado, that the Intergovernmental Agreement between the City of Pueblo and
Pueblo County, dated May 29, 2001, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Chair of the Board be, and hereby is, authorized
to execute said Agreement on behalf of Pueblo County.
By the following vote on roll-call:
PEULEN — AYE KENNEDY — AYE KLOMP — AYE
U:\B\RES\BPPR PHRC.DOC
D D O
City of Pueblo
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # � S
DATE: May 29, 2001
DEPARTMENT: City Attorney
17( 0
TITLE An Ordinance Approving an Intergovernmental Agreement Between The City of
Pueblo And Pueblo County, Colorado Creating The Pueblo Human Relations
Commission, Authorizing The President of The City Council to Execute, And
Repealing Chapter 4 of Title II of The Pueblo Municipal Code And Ordinance No.
3329 Creating The Pueblo Commission on Community Relations
ISSUE Should the City enter into an intergovernmental agreement with the County to create
the Pueblo Human Relations Commission.
RECOMMENDATION None
BACKGROUND The Intergovernmental Agreement between the City and County (the
"Agreement ") creates the Pueblo Human Relations Commission
( "Commission ") composed of 15 members, one of whom shall be a person
between the ages of 15 and 21 years. Members are appointed by the City and
County as follows: five by the City, five by the County, and five jointly by
the City and County. The members select their own officers, except the
Chairman shall be selected jointly by the President of the City Council and
Chairman of the Board of County Commissioners from the members jointly
appointed by the City and County. Vacancies are filled by the party which
made the original appointment and members may be removed by the
appointing party.
The Commission, with input from City and County, will prepare an annual
budget to be submitted to the City and County who have indicated an intent
to equally fund the Commission. However, such intent to equally fund the
Commission is not contractually binding on either the City or County and is
subject to annual approval and appropriation.
Within the limits of the approved budget, the Commission may spend
appropriated funds including hiring an executive director.
The purpose of the Commission is to serve as an instrumentality through
which the City and County of Pueblo may officially encourage and bring
about mutual understanding and respect for all persons of any race, creed,
color, disability, gender, sexual orientation or national origin throughout
Pueblo County. The powers and duties of the Commission are set forth in
Article II of the Agreement. The Commission is not authorized to issue
subpoenas or to impose sanctions against individuals, agencies or
organizations.
The Board of County Commissioners of Pueblo County has informally
approved the Intergovernmental Agreement.
FINANCIAL IMPACT City and County pursuant to the Intergovernmental Agreement have
indicated their intent to equally fund on an annual basis the cost of the
Commission.
-2-