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HomeMy WebLinkAbout7505RESOLUTION NO. 7505 A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF PUEBLO, PUEBLO COMMUNITY CORRECTIONS SERVICES, INC., PUEBLO COUNTY COMMUNITY CORRECTIONS BOARD, AND PUEBLO COUNTY RELATING TO COMMUNITY CORRECTIONS SERVICES AND AUTHORIZING THE EXECUTION THEREOF BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement dated November 28, 1994, by and between the City of Pueblo, Pueblo Community Corrections Services, Inc., Pueblo County Community Corrections Board, and Pueblo County, a true copy of which is on file in the office of the City Clerk, be and hereby is approved. cPr'rTr)M ') _ The President of the City Council is hereby authorized and directed to execute said Agreement, and the City Clerk to attest same. SECTION 3. Payment by the City of Pueblo of all monies payable pursuant to said Agreement shall be made from amounts budgeted for 1995 for operation of the Police Department, Account No. 001 - 0140 - 142 -0- 030 -0042. ATTEST: City Clerk 54.17 INTRODUCED: November 28, 1994 B PATRICK AVALOS Councilperson APPROVED: I Y6s ent of the City Council f 5 COMMUNITY CORRECTIONS SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 28th day of November, 1994, effective as of January 1, 1995, 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. seg_ 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 to Sections 11 -2 -2 and 11- 2 -1(4) of the 1971 Code of Ordinances of the City of Pueblo, as amended, for its Municipal Court to sentence persons, convicted of municipal offenses to approved community corrections facilities which have entered into a contract with the City to provide residential accommodations and correctional programs for persons convicted of such crimes; and 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. sew and any applicable regula- tions of the U.S. Department � 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 thereafter during any absence. -2- (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 $600,000 per occurrence, and $1,200,000 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 $600,000 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. (1) Pursuant to Contractor's established procedures, -3- 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 sentenced, any criminal history available to the Municipal Court, -4- 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. seq. (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, 1995 through December 31, 1995. 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. 8. Neither this Agreement nor any rights or obligations -5- 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 -6- 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. ATTESY� PUEBLO UNTY, COLORADO �— By Nov, A, 2A4t�< Clerk to the Board � __v Cfi Board of County Commissioners ATTEST: Secretary ATTEST: Name Title: Cfty Clerk APPROVED AS TO FORM: City Attorn PUEBLO COUNTY COMMUNITY CORREC- TI0 ARD r By - Ch q Yi rman CONTRACTOR: PUEBLO COMMUNITY CORRECTIONS S7T C , INC . By / ) Tj,t l e : CITY OF PUEBLO, A MUNICIPAL CORPO TION By r iMnt of the City Council APPROVED AS TO FORM: County Attorney TF 54.18 -7- STATE OF COLORADO, ss. County of Pueblo, The Board of County Commissioners met in regular session in its office in Pueblo County, Colorado, on Thursday the 18th May A. D. 19 95 , at 10:00 o'clock. day of Present: Richard A. Martinez Chairman. >> James M. Brewer County Commissioner. ff Kathy Farley (excused) County Commissioner. it Terry A. Hart County Attorney. it Lucille Wilson Deputy County Clerk or Deputy. When the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 95 -208 APPROVING THE 1995 AGREEMENT BETWEEN THE CITY OF PUEBLO, PUEBLO COMMUNITY CORRECTIONS SERVICES, INC., THE PUEBLO COUNTY COMMUNITY CORRECTIONS BOARD, AND THE BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY FOR THE PROVISION OF COMMUNITY CORRECTIONS SERVICES TO MUNICIPAL OFFENDERS WHEREAS, municipal offenders are housed in the Pueblo County jail on a space - available basis pursuant to the Agreement between the City of Pueblo, the Pueblo County Sheriff, and the Board of County Commissioners of Pueblo County, dated March 28, 1983; and WHEREAS, due to overcrowding in the Pueblo County jail and a lack of rehabilitative services available for offenders, the City of Pueblo desires to enter into an Agreement with Pueblo Community Corrections Services, Inc., to place municipal offenders at Pueblo Community Corrections Services, Inc.; and WHEREAS, this Agreement requires the review and approval or disapproval of the Pueblo County Community Corrections Board and the Board of County Commissioners of Pueblo County pursuant to Rcsolution No. 88 -272 establishing Pueblo Community Corrections Services, Inc. as a non - governmental community corrections facility and program in Pueblo County; and WHEREAS, the Pueblo County Community Corrections Board has approved this Agreement, and this Board finds this Agreement to be beneficial and in the best interests of the citizens of Pueblo County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado„ that the Agreement dated November 28, 1994, between the City of Pueblo, Pueblo Community Corrections Services, Inc., the Pueblo County Community Corrections Board, and Pueblo County for the provision of community corrections services to municipal offenders, the terms and conditions of which are incorporated herein by this reference, be, and hereby is, approved nunc pro, tunc January 1, 1995. BE IT FURTHER RESOLVED that the Chair of the Board of County Commissioners of Pueblo County, Colorado, be, and hereby is, authorized to sign said Agreement on behalf of Pueblo County. By the following vote on roll call: KHTY004.SAMI'ACM\RES BREWER —Aye, MARTINEZ —Aye.