HomeMy WebLinkAboutbocc.res.139.2016 This Agreement was never approved
by Garfield County
EMERGENCY RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS ("BOCC") OF PITKIN
COUNTY, COLORADO,APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN
PITKIN COUNTY ("PITKIN") AND THE GARFIELD
COUNTY COMMISSIONERS("GARFIELD") BY AND
THROUGH ITS COMMUNITY CORRECTIONS
PROGRAM FOR A PRE-TRIAL SERVICES PROGRAM
RESOLUTION NO. /39 , 2016
RECITALS:
I. Pursuant to Title 29, Article 1, part 2, Colorado Revised Statutes,as amended (the
"Intergovernmental Relations Statutes") and Article XIV, Section 18 of the
Colorado Constitution,governments may contract with one another to provide any
function, service or facility lawfully authorized to each of the contracting units and
any such contract may provide for the joint exercise of the function,service or
facility, including the establishment of a separate legal entity to do so.
2. Pursuant to Section 2 8.5 of the Pitkin County Home Rule Charter, the BOCC is
authorized to approve emergency resolutions, which shall become effective
immediately upon adoption.
3. Pitkin and Garfield wish to enter into an Intergovernmental Agreement for the
purposes of Pre-Trial Services to be administered by Garfield and;
4. Both Pitkin and Garfield are governments authorized to enter into agreements
pursuant to C R S. F 29-1-203 for purposes including the provision of any
function, service, or facility lawfully authorized to each; and
5. The BOCC finds that it is in the best interests of the citizens of Pitkin to enter into
this agreement with Garfield and agrees to fund this program for the fiscal year
2017 in the amount of$45,000.
6. Garfield is willing to enter into this agreement and administer pre-trial services as
outlined by policy and procedure of the 9th Judicial District Pre-Trial Services Board
contingent upon Pitkin agreeing to fund this program in the amount of$45,000.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Pitkin County, Colorado that Pitkin County is authorized to enter into an
Intergovernmental Agreement with Garfield County in substantially the same form
satisfactory to the County Attorney, and authorizes the Chair or designee, to sign the
resolution and the agreement on behalf of the County.
INTRODUCED, READ D ADOPTED AS AN EMERGENCY RESOLUTION ON
THE 2( DAY OF yxl,z r 2016 D SET FOR CONFIRMATORY
PUBLIC HEARING ON THE d DAY OF IU4 ,2017.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY RESOLUTIO UBLISHED IN THE ASPEN
TIMES WEEKLY ON THE g e DAY OF k e✓ , 2016.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITIOUNTY WEBSITE
www.pitkincounty.com ON THE DAY OF ,, tel- v 2016.
CONFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE �/ t� DAY
OF LL _ 2017.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER CONFIRMATORY
PBLI C HEARING, IN THE ASPEN TIMES WEEKLY ON THE H DAY OF
r , 2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE L. DAY OF �___ cir_2017
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY I A ."A U6_ By: G . �L �f� •'W
JeanO e Jones Rachel E.Ric ards, Chair
Dep y County Clerk
Date: /2 '7,2l
APPROVED AS TO FORM: MANAGER APPROVAL
it
John Ely;County Attorney Jon Peacock, County Manager
1
INTERGOVERNMENTAL AGREEMENT FOR PRE-TRIAL SERVICES
THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement") is made this day of
,2016 by the COUNTY OF PITKIN, STATE OF COLORADO,by and
through its Board of County Commissioners,whose address is 530 East Main Street,Aspen,
Colorado, 81611 ("Pitkin")and Garfield County Board of County Commissioners by and
through its Community Corrections Program,whose address is 0244 County Rd 333A Rifle, CO
81650,collectively the("Parties").
NOW, THEREFORE,in consideration of the mutual promises and agreements of the parties and
other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,the parties agree as follows:
1. This Agreement is entered into pursuant to,inter alert, C.R.S. § 29-1-201,et seq., and
Article XIV, Section 18 of the Colorado Constitution.
2. Term. The term of this Agreement is from January 1,2017 to December 31,2017
3. Garfield County Community Corrections Obligations. To administer Pre-trial services to
persons arrested,confined or otherwise in criminal court as these services are outlined by policy
and procedure of the 9th Judicial District Pre-Trial Services Board.
4. Pitkin's Obligations. Pitkin County agrees to fund this program for fiscal year 2017 in
the amount of$45000.
5. Assignability. This agreement is not assignable by either party.
6. Modification. This Agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments and signed by authorized
officers of each party. This Agreement constitutes the entire Agreement between the parties and
all other promises and agreements relating to the subject of this Agreement,whether oral or
written, are merged herein.
7. Severability. Should any one or more sections or provisions of this Agreement be
judicially adjudged invalid or unenforceable,such judgment shall not affect, impair,or invalidate
the remaining provisions of this Agreement, the intention being that the various sections and
provisions hereof are severable.
8. Notice. Any notice required or permitted under this Agreement shall be in writing and
shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change
the address to which future notices should be sent. Electronic delivery of notices shall also be
deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part
of the sender.
To: Pitkin County With copies to:
List Staff Pitkin County Attorney's Office
Address 123 Emma Road#204
E-mail Basalt,Colorado 81621
Other Party With copy to:
9. Government Immunity. The parties agree and understand that both parties are relying on
and do not waive,by any provisions of this Agreement, the monetary limitations or terms or any
other rights, immunities,and protections provided by the Colorado Governmental Immunity Act,
C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or
any of their officers, agents,or employees.
10. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of the parties. The parties' obligations under this Agreement are subject
to each individual party's annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provision of this Agreement shall be construed or interpreted as
creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both
parties within the meaning of any constitutional or statutory debt limitation. This Agreement
shall not be construed to pledge or create a lien on any class or source of either parties' bonds or
any obligations payable from any class or source of each individual party's money.
11. Binding Rights and Obligations. The rights and obligations of the parties under this
Agreement shall be binding upon and shall inure to the benefit of the parties and their respective
successors and assigns.
12. Agreement made in Colorado. This Agreement shall be construed according to the laws
of the State of Colorado,and venue for any action shall be in the District Court in and for Pitkin
County, Colorado. Each party to this Agreement shall have standing to bring an action to
enforce the terms of this Agreement in District Court, including an action for specific -
performance and injunctive relief.
13. Early Termination•
14. Attorney's Fees: In the event that legal action is necessary to enforce any of the
provisions of this ,the substantially prevailing party, whether by final judgment or
out of court settlement, shall recover from the other party all costs and expenses of such action of
suit including reasonable attorney's fees.
The foregoing Agreement is approved by the Board of CoyntyCommissioners of Pitkin County,
Colorado at its regular meeting held on the p', day of (SLG .eiuSe r ,2016.
The foregoing Agreement was approved by the at its regular
meeting held on the day of ,2016.
In Witness whereof,the parties hereto have caused this agreement to be executed as of the day
and year first above written.
Garfield County Community Corrections Program
By: ATTEST:
a,K Y1t&4114.
1,e.
APPROVED AS TO FORM:
A ST:
I
t/ t BY: iy
ea /tie Jones,Deput!County Clerk ' c el E. Richar.s,Chair
AP'ROVED AS TO FORM:
John Ely,LoGnty A ey Jo P acock, County anager