CITY COUNCIL AGENDA MEMORANDUM

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1 CITY COUNCIL AGENDA MEMORANDUM City and County of Broomfield, Colorado To: From: Prepared by: Mayor and City Council George Di Ciero, City and County Manager Jennifer Hoffman, Assistant to the City and County Manager Jackie Smith, Manager of Court Services Meeting Date Agenda Category Agenda Item # December 15, 2009 Council Business 5(b) Agenda Title: Proposed Resolution No Regarding the Renewal of an Intergovernmental Agreement with Adams County for Broomfield s Participation in the Adams County Community Corrections Board Summary The City and County of Broomfield currently participates in the Adams County Community Corrections Board, through an IGA originally adopted by the City Council in The current agreement expires on December 31, Staff requests that Council consider renewing the IGA for another three-year term. A copy of the proposed agreement is attached. Section CRS provides for the establishment of community corrections programs which present the courts with alternative sanctions to individuals who would otherwise be incarcerated in prison. Community corrections, otherwise known as halfway houses, can accommodate individuals convicted of less severe offenses who are diverted from prison and those who are in transition between prison and parole. The goal is to successfully reintegrate offenders back into society. Community Corrections Boards (CCB s) are responsible for the administration of community corrections programs, monitoring halfway houses for compliance to standards and contract obligations, and to review offender cases referred for community corrections placement. Adams County and Broomfield County are both in the state s 17 th Judicial District. The 17 th Judicial District s CCB consists of 10-members, including two representatives from Broomfield, representatives from Adams County, as well as representatives from the Adams County Sheriff s Department, the 17 th Judicial District Probation Office, the Public Defender s Office and service providers. Broomfield s Court Administrator Jackie Smith and HHS Manager of Self Sufficiency Frank Schoengarth currently serve as Broomfield s representatives to the Board. Staff recommends the renewal of the proposed IGA to avoid duplicated efforts which would be necessary on the part of individual counties should the joint CCB be dissolved. Adams County Commissioners will also be considering renewal of the IGA at an upcoming meeting. All indications are that they will renew the agreement. Proposed Resolution No would renew the intergovernmental agreement with Adams County for a three-year term, expiring December 31, 2012, and designates Jackie Smith and Frank Schoengarth to the Board, as Broomfield s representatives. Prior Council Action Resolution No , Authorized the original Intergovernmental Agreement for Broomfield s participation in the Adams County Community Corrections Board. Resolution No , renewed the IGA for a three-year term. Resolution No , renewed the IGA for a three-year term. Financial Considerations Community Corrections for Broomfield and Adams County is funded by the State of Colorado through the 17 th Judicial District. Alternatives Council may choose not to renew the IGA and direct staff to pursue establishing a separate Community Corrections Board. Proposed Actions/Recommendations That Resolution No be adopted.

2 RESOLUTION NO A RESOLUTION APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT WITH ADAMS COUNTY FOR COMMUNITY CORRECTIONS PROGRAM SERVICES THROUGH 2012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The Renewal of the Intergovernmental Agreement with Adams County for Community Corrections Program Services through 2012, which is attached hereto as Exhibit A, is hereby approved. Section 2. Jackie Smith, Broomfield Courts Administrator, and Frank Schoengarth, Manager of Self-Sufficiency, are designated to represent Broomfield on the Adams County Community Corrections Board. Section 3. The Mayor or Mayor Pro Tem is authorized to sign the Agreement, and the City Clerk to attest, in the form approved by the City & County Attorney. Section 4. This resolution is effective upon its approval by the City Council. APPROVED on December 15, THE CITY AND COUNTY OF BROOMFIELD, COLORADO ATTEST: Mayor City and County Clerk City & County Attorney

3 ADAMS COUNTY, COLORADO RENEWAL OF INTERGOVERNMENTAL AGREEMENT WITH THE CITY AND COUNTY OF BROOMFIELD FOR COMMUNITY CORRECTIONS PROGRAM SERVICES THROUGH 2012 THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made by and between the Adams County Board of County Commissioners, located at 450 S. 4th Avenue, Brighton, CO 80601, hereinafter referred to as the "County," and The City and County of Broomfield, located at One DesCombes Drive, Broomfield, CO 80020, hereinafter referred to as "Broomfield." The County and Broomfield may be collectively referred to herein as the "Parties." WHEREAS, pursuant to Colo. Const. art. XV, 18 and , C.R.S., as amended, the Parties are authorized to cooperate or contract with each other to provide any function or service lawfully authorized to each; and, WHEREAS, pursuant to Colo. Const. art. XX, 10 through 13, on November 15, 2001, all territory in the City of Broomfield became a single county and city municipal corporation known as "The City and County of Broomfield;" and, WHEREAS, pursuant to , C.R.S., as amended, the County and Broomfield are both in the 17th Judicial District; and, WHEREAS, the County and Broomfield desire to continue to cooperate in providing community corrections program services in the 17th Judicial District, pursuant to , et seq., C.R.S. as amended. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and Broomfield agree as set forth herein. SECTION I - COMMUNITY CORRECTIONS BOARD A. The Adams County Community Corrections Board (ACCCB) is an advisory board to the Adams County Board of County Commissioners, pursuant to (1), C.R.S., as amended. B. Pursuant to article II, section two of the ACCCB By-laws, dated October 3, 1995, the ACCCB is composed of no fewer than seven (7) and no greater than thirteen (13) members. C. On or after November 15, 2001, the Adams County Board of County Commissioners appointed two (2) at-large members to the ACCCB to represent Broomfield. This representation shall continue, and such representatives shall be reappointed, or other representatives shall be newly appointed, upon the recommendation of Broomfield. Broomfield's representatives shall be voting members of the ACCCB, and shall serve on the ACCCB throughout the term of this IGA unless otherwise removed from the ACCCB as provided in its By-laws.

4 SECTION II - COMMUNITY CORRECTIONS PROGRAM ADMINISTRATION AND FUNDING A. The Adams County Board of County Commissioners shall be the "governing body," as defined in the Community Corrections Program Act, , et seq., C.R.S., as amended, responsible for the administration of community corrections programs in the 17th Judicial District. As such, it shall enter into all contracts and subcontracts for community corrections programs in the 17th Judicial District, upon the advice of the ACCCB. B. The County shall continue to receive, administer, and expend all funds associated with community corrections program contracts in the 17th Judicial District, and shall do so in accordance with all applicable statutes, rules, and regulations of the State of Colorado. C. The Adams County Board of County Commissioners shall, at its sole discretion, employ a community corrections program coordinator who shall be an employee of the County and not of Broomfield. The current community corrections program coordinator is Linda Angell, whose office is located in the Adams County Services Center, 4201 E. 72nd Avenue, Suite B, Commerce City, CO 80022, and whose phone number is (720) , and whose facsimile number is (720) SECTION III - TERM The term of this Agreement shall be from January 1, 2010 through December 31, SECTION IV - MUTUAL UNDERSTANDINGS A. Jurisdiction and Venue. The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this IGA. The Parties agree that jurisdiction and venue for any disputes arising under this IGA shall be with the 17th Judicial District, Colorado. B. Waiver. Waiver of strict performance or the breach of any provision of this IGA shall not be deemed a waiver, nor shall it prejudice the waiving Party's right to require strict performance of the same provision, or any other provision in the future, unless such waiver has rendered future performance commercially impossible. C. Force Majeure. Neither Party shall be liable for any delay or failure to perform its obligations hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including, without limitation, war, embargoes, strikes, governmental restrictions, riots, fires, floods, earthquakes, or other acts of God v2:15725(L) 2

5 D. Notice. Any notices given under this IGA are deemed to have been received and to be effective: (1) three (3) days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a facsimile was received. For the purposes of this IGA, any and all notices shall be addressed to the contacts listed below: For the County: Adams County Attorney's Office 450S.4 th Avenue Brighton, Colorado Phone No.: Facsimile No.: For the City: Office of the City and County Attorney The City and County of Broomfield One DesCombes Drive Broomfield, Colorado Phone No.: Facsimile No.: E. Integration of Understanding. This IGA contains the entire understanding of the Parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the Parties hereto. F. Paragraph Headings. Paragraph headings are inserted for the convenience of reference only. G. Counterparts. This IGA may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. H. Parties Interested Herein. Nothing expressed or implied in this IGA is intended or shall be construed to confer upon or to give to, any person other than the Parties, any right, remedy, or claim under or by reason of this IGA or any covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and provisions in this IGA by and on behalf of the County and the City shall be for the sole and exclusive benefit of the County and the City v2:15725(L) 3

6 I. Severability. If any provision of this IGA is determined to be unenforceable or invalid for any reason, the remainder of this IGA shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. J, Authorization. Each party represents and warrants that it has the power and ability to enter into this IGA, to grant the rights granted herein, and to perform the duties and obligations herein described. IN WITNESS WHEREOF, the Parties hereto have caused their names to be affixed. BOARD OF COUNTY COMMISSIONERS ADAMS COUNTY, COLORADO Chairman Date ATTEST: KAREN LONG CLERK AND RECORDER Approved as to form: igned by Doug EdelstelM R 6 AV auth ppr& Deputy Clerk Adams County Attorney's Office THE CITY AND COUNTY OF BROOMFIELD BROOMFIELD, COLORADO Date ATTEST: RUSS RAGSDALE CLERK AND RECORDER Deputy Clerk City and County Attorney's Office 45245v2:15725(L) 4