HomeMy WebLinkAbout7120RESOLUTION NO. 7120
A RESOLUTION APPROVING AN AGREEMENT BY AND
BETWEEN THE CITY OF PUEBLO, PUEBLO COMMUNITY
CORRECTIONS SERVICES, INC., PUEBLO COUNTY
COMMUNITY CORRECTIONS BOARD, AND THE BOARD OF
COUNTY COMMISSIONERS OF PUEBLO COUNTY RELATING
TO COMMUNITY CORRECTIONS SERVICES AND AUTHOR-
IZING THE EXECUTION THEREOF
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
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The Agreement dated May 10, 1993, by and between the City of
Pueblo, Pueblo Community Corrections Services, Inc., Pueblo County
Community Corrections Board, and the Board of County Commissioners
of Pueblo County, a true copy of which is on file in the office of
the City Clerk, be and hereby is approved.
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The President of the City Council is hereby authorized and
directed to execute said Agreement, and the City Clerk to attest
same.
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Payment by the City of Pueblo of all monies payable pursuant
to said Agreement shall be made from amounts budgeted for 1993 for
operation of the Police Department, Account No. 001 - 0140 - 142 -0-
030 -0042.
ATTEST:
A'�Z .
Ci y Clerk
INTRODUCED: May 10, 1993
By HO WARD WH ITLOCK
Councilperson
APPROVED:
Presi ent of the City Council
K
COMMUNITY CORRECTIONS SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of
May, 1993, effective as of January 1, 1993, by and between the
City of Pueblo, a municipal corporation (hereinafter "City "),
Pueblo Community Corrections Services, Inc. (hereinafter
"Contractor "), the Pueblo County Community Corrections Board
(hereinafter "Corrections Board ") and Pueblo County, Colorado
( "County ").
WHEREAS, the Corrections Board has authority pursuant to
contract with the Colorado Department of Public Safety, Division
of Criminal Justice (hereinafter "Division ") to administer,
monitor and execute community correctional facilities and programs
pursuant to C.R.S. 17 -27 -101, et. sec .; and
WHEREAS, City is a home rule city organized and existing
under and by virtue of Article XX of the Colorado Constitution and
is authorized to operate community corrections facilities and
programs or contract for same, see C.R.S. 17 -27 -103 and 17 -27 -102
(5); and
WHEREAS, Corrections Board, County and City are authorized
pursuant to law, including but not limited to C.R.S. 29 -1 -201 et .
sect to cooperate and contract with each other for services and
functions which each is authorized by law to undertake; and
WHEREAS, City has authorized pursuant
11- 2 -1(4) of the 1971 Code of Ordinances of
amended, for its Municipal Court to senten
municipal offenses to approved community
which have entered into a contract wit;.
residential accommodations and correctiona
convicted of such crimes; and
to Sections 11 -2 -2 and
the City of Pueblo, as
:e persons convicted of
corrections facilities
the City to provide
L programs for persons
WHEREAS, Contractor is authorized to operate an approved
community corrections facility and programs at 1901 N. Hudson
Avenue, Pueblo, Colorado (hereinafter "the Facility ") and desires
to contract with City to provide residential accommodations and
correctional services for persons convicted of municipal offenses
proscribed by City's Charter and ordinances.
NOW, THEREFORE, in consideration of the foregoing recitals
and the terms and conditions set forth hereinbelow, the parties
hereto agree as follows:
1. Contractor shall, in accordance with all applicable laws
and regulations:
(a) Be approved and operate pursuant to C.R.S. 17 -27-
101.
(b) Provide the Phase I services as specifically set
forth in Contractor's response to City's request for proposal
(RFP) No. 90 -107 with respect to adult offenders referred by
Pueblo Municipal Court who have been sentenced to the Facility
upon conviction for municipal offenses. A copy of said response
to RFP 90 -107 is on file in the office of the City's Director of
Purchasing and is incorporated herein by reference.
(c) Meet, maintain and comply with all applicable
guidelines and standards established by Corrections Board and by
Division pursuant to the authority granted by C.R.S. 17 -27- 103(3)
and by any other statutory provision now or hereafter enacted.
(d) Perform periodic and unscheduled chemical tests on
offenders sentenced to the Facility to determine the use of drugs
by offenders and report positive results to the Corrections Board
and the Municipal Court. Tests are to be performed in accordance
with standards and established procedures in the same manner as
for other offenders at Facility not referred by City.
(e) Maintain individual files for each offender sen-
tenced to Facility by Municipal Court as required by Division and
Corrections Board. Such files shall be maintained in a secure
area, in locked file cabinets or a safe. All such files and
criminal history records shall be maintained and disseminated in
accordance with the requirements of the Colorado Criminal Justice
Records Act, C.R.S. 24 -72 -301 et . seq• and any applicable regula-
tions of the U.S. Department of Justice contained in 28 CFR Part
20 and as same may be amended from time to time.
(f) Provide timely, prompt and accurate reports as are
or may be required by the Division, Corrections Board or Municipal
Court with respect to services provided during the period of the
contract, including but not limited to statistical reports, case-
load data, intake and termination forms, and other records docu-
menting the correctional and other services provided and the
identity of the individual offenders receiving such services.
(g) Upon request of City's auditors or Municipal Court
or the Corrections Board, make all fiscal and program files
available for inspection and copying by City and Corrections
Board, their respective agents, employees and consultants during
reasonable business hours, and allow City's or Correction Board's
agents and employees access, at any time, to the Facility, without
notice, for the purpose of performing inspections and determining
conditions at the Facility.
(h) Notify Municipal Court or City's Police Department
within four (4) hours after an offender becomes absent from the
program without authorization and notify the Corrections Board
within seven (7) days in writing after an offender becomes absent
from the program without authorization. City shall compensate
Contractor at the per diem rate for the day during which an
offender escapes or becomes absent without authorization, but not
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thereafter during any absence.
(i) Notify Municipal Court and City's Police Department
immediately upon learning of the arrest or confinement of an
offender who has been sentenced to the Facility by the Municipal
Court, and notify the Corrections Board in writing within seven
(7) days of such fact after so learning.
(j) Charge and assess each offender sentenced to the
Facility by the Municipal Court for the reasonable costs of
correctional services incurred by Contractor and not paid by City
under this Agreement, such charge and assessment not to exceed
Nine Dollars ($9.00) per day.
(k) At its sole cost and expense, procure and maintain
during the entire period of performance hereunder, insurance with
the following coverages and limits of insurance, to be written
with a company or companies authorized to issue insurance policies
within the State of Colorado and acceptable to City and County:
(1) Worker's Compensation (including occupational
disease, and Employer's Liability insurance in accordance
with any applicable worker's compensation laws on all
employees, servants and /or agents connected with or engaged
in the performance of Contractor's obligations hereunder.
(2) Commercial General Liability insurance with
personal injury and property damage limits at a combined
single limit of not less than $750,000 per occurrence, and
$1,500,000 general aggregate. Said policy(ies) shall include
Completed Operations and /or Product Liability coverage and
Contractual Liability coverage for any liability assumed
under the terms of this Agreement.
(3) Automobile Liability insurance of all auto-
mobiles and vehicles, whether owned or hired, with personal
injury and property damage limits at a combined single limit
of not less than $750,000 per accident.
Coverages enumerated in this insurance provision represent only
the minimum insurance required by City and County, and Contractor
should rely on its expertise to obtain any additional insurance
coverage needed for the City and County and the Contractor in its
performance hereunder. Contractor shall file proof of adequate
insurance coverage, including a certificate of insurance,
complying with the requirements of this paragraph, with City's
Director of Finance within 10 days of execution of this Agreement
and before accepting any municipal offenders at the Facility. If
requested by the County, Contractor shall also provide the County
with such certificate of insurance. Each certificate of insurance
shall provide that the insurance carrier will provide the City and
the County with not less than thirty (30) days prior written
notice of cancellation of any coverage.
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(1) Pursuant to Contractor's established procedures,
refer offenders requiring emergency medical services to appro-
priate facilities. All municipal offenders are responsible for
the cost of all medical services including but not limited to
emergency medical and dental services, ambulance service, hospital
services whether in- patient or out - patient, physician and radio-
logical services and any other types of medical services.
Offenders shall be advised of these responsibilities in writing
and shall agree to them, as evidenced by signature to an agreement
so stating, prior to and as a. condition to placement. Under no
circumstances shall Contractor attempt to hold either the City,
the County or the Corrections Board responsible for the expense of
such services, and Contractor agrees to hold the Corrections
Board, County and City completely harmless therefrom.
(m) Retain and make available for inspection by City,
Corrections Board, their officers, agents and employees, all
books, records and other documents relating to Contractor's
performance under this Agreement or to municipal offenders,
including but not limited to the type of records referred to in
paragraphs 1(e), 1(f) and 1(k) above, for a period of 5 years
after final payment under this Agreement.
(n) Provide 24 hours -a -day, seven - days -a -week staff
supervision of the offenders sentenced by Municipal Court to the
Facility, as specified in the "Colorado Community Corrections
Standards," and have at least one staff member on duty at all
times trained in emergency first aid and CPR.
(o) Make available no more than 24.7 beds per month and
corresponding services to offenders sentenced by the Municipal
Court pursuant to this Agreement.
2. City shall:
(a) Pay Contractor out of funds, if any, which have
been duly budgeted and appropriated for such services, at the rate
of thirty dollars (U.S. $30.00) per day for each offender sen-
tenced to Facility by the Pueblo Municipal Court beginning the
second day after arrival of the offender at the Facility through
the last day of the sentence actually served at the Facility. In
addition thereto, City shall pay U.S. $1.50 per day per municipal
offender residing at the Facility to Corrections Board for its
administrative costs associated with its responsibilities pursuant
to this Agreement and law. Payment of the aforesaid charges shall
be made not more frequently than once each month, with payment to
be made within 30 days of billing by Contractor to City's Finance
Department provided same is supported by adequate documentation
for all charges billed.
(b) With respect to each offender sentenced by Munici-
pal Court to the Facility, provide Contractor and Corrections
Board prior to sentencing with basic identifying information,
information concerning the nature of the crime for which
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sentenced, any criminal history available to the Municipal Court,
and a copy of the mittimus or other court document indicating the
sentence imposed.
(c) Receive and alternatively re- sentence any offender
rejected after acceptance by the Corrections Board
3. Corrections Board, as a community corrections board
established pursuant to C.R.S. 17 -27 -101, et. seq ., shall:
(a) Review and monitor Contractor's activities and
performance under this Agreement and advise the Pueblo Municipal
Court concerning same.
(b) Perform the duties and responsibilities required of
community corrections boards by law and regulation, including but
not limited to those set forth in C.R.S. 17 -27 -101 et. sec.
(c) Screen all offenders proposed to be sentenced to
the Facility, prior to sentencing, and accept, reject, or reject
after acceptance all such offenders proposed.
4. (a) The parties understand and agree that neither City
nor its Municipal Court shall be under any obligation to sentence
any particular numbers of municipal offenders, or any at all, to
the Facility, such decision resting entirely with the discretion
of the Municipal Court and the Judges thereof.
(b) Notwithstanding the foregoing, no offender shall be
sentenced to Facility by Municipal Court unless such placement has
been approved by the Corrections Board.
5. The term of this Agreement shall be from January 1, 1993
through December 31, 1993.
6. In the event any Pueblo municipal offender at the
Facility experiences a major or extraordinary medical problem or
injury, Contractor shall immediately notify a Municipal Court
Judge, or if he is not available, the Captain or acting Captain of
the Pueblo Police Department in command authority, who are hereby
authorized to immediately suspend or commute, respectively, any
Municipal Court sentence and to authorize immediate release of
such municipal offender from confinement in the Facility.
7. No verbal agreements, conversations or prior understand-
ings of any kind with any officer, agent or employee of the City,
or County, or Corrections Board, either before or after execution
of this Agreement, shall affect, modify or waive any of the terms
or obligations contained in this Agreement or which have been
incorporated by reference, it being agreed and understood that
only the City Council of Pueblo and Board of County Commissioners
and Corrections Board, all duly acting in official sessions, may
agree to modify or amend this Agreement, or waive or forgive an
obligation to the City, County or Corrections Board thereunder.
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8. Neither this Agreement nor any rights or obligations
thereunder may be assigned by Contractor without the express
written consent of the City Council and County and Corrections
Board having first been obtained; such consent may be granted or
withheld by the City, County and Corrections Board in their
discretion.
9. Contractor shall be responsible for providing, at no
additional cost to City, County and Corrections Board, all food,
utilities, clothing, sundries and all other things and services
reasonably incident to proper operation of the Facility and
provision of correctional services hereunder.
10. City, County and Corrections Board each reserves the
right to terminate this Agreement, at any time, without cause and
for its convenience by giving 30 days prior written notice of
termination to Contractor and all other parties. Contractor shall
be entitled to terminate this Agreement during its original or
additional term only for material breach of same by City and then
only after giving City, County, and Corrections Board 30 days
prior notice of the material breach during which City, County, and
Corrections Board shall be entitled to cure any such breach.
11. It is expressly understood and agreed: that Contractor
is an independent contractor under this Agreement and neither an
agent nor employee of the City, County or Corrections Board; that
the Corrections Board is not an agent of the City and is only
authorized to perform the limited functions stated herein as
provided by law; and that this Agreement is not intended to nor
should it be construed as, creating or extending any rights or
remedies to or for any offender, person or entity not a party
hereto.
12. Contractor agrees to indemnify, defend, save and hold
harmless City, County and Corrections Board, and their respective
employees and agents, from and against any and all claims,
damages, liability, judgments, court costs and attorney fees,
incurred, arising from or relating to any act or omission of
Contractor or its employees or agents.
13. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original.
14. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
15. The signatories hereto aver that they are familiar with
the provisions of C.R.S. 18 -8 -301, et. seg. relating to bribery
and corrupt influences and with C.R.S. 18 -8 -40, et . seg relating
to abuse of public office, and that no violation of any of such
provisions has occurred or is present.
16. The signatories hereto aver that to their knowledge no
Corrections Board member or City officer, agent or official has or
will receive any personal or financial gain or interest whatsoever
in this Agreement or money, property or benefits of any kind
conferred or available under this Agreement.
WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
ATTES PUEBLO C LINTY, COLORADO
By
Clerk to the Boar Chairw man, oar of Coun
Commi sioners
ATTEST:
Secretary
ATTEST:
Name
Title: Sc cLf
ATTEST:
B
y Clerk " - 4 -d
PUEBLO COUNTY COMMUNITY CORREC-
TIO�7 BOARD
By
Chairm n
CONTRACTOR:
PUEBLO COMMUNITY CORRECTIONS
rr, INC.
By
Ti,t 1 e:
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
Presoent of'the City Council
APPROVED AS TO FORM:
City Attor ey
AS TO O 1155�
r ..
County Attorn
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