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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II of the Pueblo Municipal Code and Ordinance No. 3329 creating the Pueblo Commission on Community Relations are hereby repealed in their entirety.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-