HomeMy WebLinkAbout2018-123-12/18/2018-AUTHORIZING THE AMENDMENT AND EXTENSION OF AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR JA RESOLUTION 2018-123
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE AMENDMENT AND EXTENSION
OF AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY FOR JAIL SERVICES
WHEREAS, in 2009 the Cities of Fort Collins and Loveland entered into an agreement
with Larimer County whereby the County agreed to provide municipal jail services to both cities
at a rate of$50 per offender per day, plus a separate fee for video arraignments (the "2009 IGA");
and
WHEREAS the 2009 IGA.allowed the County Sheriff to release municipal offenders if
the Larimer County Jail ("Jail") is at capacity; and
WHEREAS, since 2009 the Jail has had issues with overcrowding, and municipal
defendants who are picked up on outstanding warrants or who report to the Jail to serve sentences
for Municipal Court violations are frequently just booked and released again; and
WHEREAS,in 2016 the Jail expressed an interest in negotiating new, separate agreements
with both Fort Collins and Loveland for jail services; and
WHEREAS, because of the problems Fort Collins had `experienced with municipal
offenders not being held by the Jail long enough to be brought to court or to serve their sentences,
the Jail also offered Fort Collins the option of having three.bed spaces that would be reserved for
Fort Collins municipal defendants serving a municipal sentence, who would not be released simply
due to capacity issues at the Jail; and
WHEREAS, on June 6, 2017, the City Council adopted Resolution 2017-053 authorizing
the City to enter into a new,IGA with the County for jail services that would include the three
reserved beds (the "2017 IGA"); and
WHEREAS, the 2017 IGA expires December 31, 2018, and the City and County would
like to extend the arrangement for at least two years with the option to further extend it if both
sides agree; and
WHEREAS, the Municipal Court included estimated funding to continue the reserved bed
arrangement in its budget offer for 2019-2020, and that offer was approved as part of the City
Council's adopted 2019-2020 budget; and
WHEREAS,if an extension is approved,in January the City would pay the fee for the three
reserved bed spaces for 2019, which would be $122,640; and
WHEREAS, City staff and Jail staff have also been discussing possible changes to the
process used to account for daily costs paid by the Court to the Jail ($112 per defendant per day)
for holding defendants arrested only on Municipal Court charges before they appear in court, and
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if they reach agreement on a new arrangement, the City and County would also like to revise the
2017 IGA to reflect these process changes; and
WHEREAS; most of the remaining terms and conditions in the 2017 IGA would remain
the same including the services the Jail will provide and the ability to terminate the agreement on
60 days' notice; and
WHEREAS, Article II, Section 16 of the City Charter of Fort Collins empowers the City
Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or joint
activities with other governmental bodies; and
WHEREAS,under Section 1-22 of the City Code,intergovernmental agreements and other
cooperative arrangements between the City and other governmental entities are to be submitted to
the City Council for review, unless they fit.within one of the exceptions that permit execution by
the City Manager; and
WHEREAS,Section 29-1-203 of the Colorado Revised Statutes provides that governments
may cooperate or contract with one another to provide certain services or facilities when such
cooperation or contracts are authorized by each party thereto with the approval of its legislative
body or other authority having the power to so approve; and
WHEREAS, the City Council finds it is in the best interests of the City to furnish a jail
facility for municipal offenders by contracting for such services with the Larimer County Jail.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Manager is hereby authorized to execute the necessary
documents to extend the 2017 IGA for 2019-2020, and for subsequent years if funding is available
for additional extensions, and to make such other modifications and additions to the 2017 IGA as
the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes set forth herein.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of December, A.D. 2018.
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