HomeMy WebLinkAboutC23-054 IGA_Pitkin County1
INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO AND
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
REGARDING THE HOUSING OF
PITKIN COUNTY DETAINEES AT THE EAGLE COUNTY
JAIL
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into
this ___ day of _____________ 2023 by and between the BOARD OF COUNTY
COMMISSIONERS OF EAGLE COUNTY, COLORADO, a political subdivision of the State of
Colorado (referred to hereinafter as “Eagle County”), and the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, a home-rule county and political
subdivision of the State of Colorado (referred to hereafter as “Pitkin County”).
RECITALS
WHEREAS, Eagle County and Pitkin County have the authority to act cooperatively and
the authority and capacity to enter into this Agreement pursuant to C.R.S. § 29-1-201 et seq. and
Article XIV, Section 18 of the Colorado Constitution; and
WHEREAS, C.R.S. § 17-26-101 requires Eagle County and Pitkin County, each at their
own expense, to maintain a county jail for the detention and confinement of persons lawfully
committed; and
WHEREAS, Eagle County maintains a jail for the detention and confinement of persons
(hereafter the “Eagle Jail”), which is controlled and managed by the Eagle County Sheriff; and
WHEREAS, Pitkin County maintains a jail for the detention and confinement of persons
(hereafter the “Pitkin Jail”), which is controlled and managed by the Pitkin County Sheriff; and
WHEREAS, C.R.S. § 17-26-103 requires the Pitkin County Sheriff and the Eagle County
Sheriff to receive and safely keep every person duly committed or placed in their respective jails;
and
WHEREAS, the Pitkin County Jail is currently under construction for a remodel project,
and during this time, the Pitkin County Sheriff has represented that he cannot safely house all
Pitkin County detained and confined persons and therefore seeks alternative housing and detention
facilities on a temporary basis; and
WHEREAS, the Eagle County Sheriff is willing to provide such housing for individual
detainees and confined persons from Pitkin County (“Pitkin County Detainee(s)”) for the short
term, and under the other terms and conditions of this Agreement; and
WHEREAS, any Pitkin County detainee placed in the Eagle Jail will be housed under a
courtesy hold. The Eagle Jail and Eagle County Sheriff shall be responsible for the maintenance,
safekeeping, and custody of those Pitkin County Detainees housed in the Eagle Jail under a
courtesy hold, but the Pitkin County Sheriff shall be responsible for the transport and delivery of
Pitkin County Detainees to and from the Eagle Jail for all lawful purposes and for all Pitkin County
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jail staff who assist in the transportation to and from, or the housing of, such Detainees in the Eagle
Jail.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
obligations herein set forth, the Parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated here as if fully set
forth.
2. Criteria for Acceptance of Pitkin County Detainees.
a. The Eagle County Sheriff reserves sole discretion to determine whether or not to
house any Pitkin County Detainee at any time and for any reason. In advance of
seeking placement of a Pitkin County Detainee in the Eagle Jail, the Pitkin County
Sheriff shall provide the Eagle County Sheriff with all records related to the Pitkin
County Detainee in the possession of the Pitkin County Sheriff. Generally, the
Eagle County Sheriff will consider the following criteria when considering whether
or not to house a Pitkin County Detainee:
i. Availability of space at the Eagle County Jail;
ii. Security classification of the Pitkin County Detainee;
iii. If the Pitkin County Detainee suffers from physical, medical or mental
health problems requiring special care beyond the standard care normally
provided for inmates within the Eagle County Jail;
iv. If the Pitkin County Detainee has any special dietary needs; and/or
iv. Whether housing of the Pitkin County Detainee is not in the best interests
of Eagle County.
b. Any Pitkin County Detainee accepted for housing in the Eagle Jail will be held
under a courtesy hold. Upon acceptance of a Pitkin County Detainee, the Eagle Jail
and Eagle County Sheriff shall be responsible for the maintenance, safekeeping,
and custody of those Pitkin County Detainees housed in the Eagle Jail under a
courtesy hold, but the Pitkin County Sheriff shall be responsible for the transport
and delivery of Pitkin County Detainees to and from the Eagle Jail for all lawful
purposes.
c. Eagle County Jail personnel may review the files of any Pitkin County Detainee
prior to acceptance and such files shall be provided by Pitkin County to the extent
Pitkin County has possession or access to such files, to determine the following:
i. Current classification level;
ii. Current charges;
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iii. History of incidents while incarcerated;
iv. Medical history, which will be maintained in compliance with federal and
state law including the requirements of the Health Insurance Portability and
Accountability Act;
v. Threat levels; and/or
vi. Criminal history.
d. In the event the Eagle County Sheriff does not agree to house a Pitkin County
Detainee, the Eagle County Sheriff shall notify the Pitkin County Sheriff of such
rejection in writing as set forth in the Notice section, as soon as possible and ideally
prior to the transportation of such Pitkin County detainee to the Eagle Jail. If the
Pitkin County Detainee is already housed in the Eagle Jail, the Pitkin County
Sheriff shall relocate the Detainee within twelve (12) hours of notification, unless
otherwise agreed.
2. Daily Rate. Pitkin County shall pay the Eagle County Sheriff’s Office a daily rate (“County
Detainee Charge”) for each Pitkin County Detainee (“Bed Space Day”) housed at the Eagle Jail at
the daily rate of sixty one dollars ($61) per day. The day a Pitkin County Detainee arrives at the
Eagle Jail shall count as one full Bed Space Day. The day a Pitkin County Detainee’s physical
custody is transferred back to Pitkin County from the Eagle Jail shall not count as one Bed Space
Day. In the event a Pitkin County Detainee arrives and departs the Eagle Jail on the same day, it
shall count as one Bed Space Day for billing purposes.
3. Services Provided. To the extent applicable, and subject to eligibility, the County Detainee
Charge for each Bed Space Day includes the following:
a. Security, housing, and control within the Eagle Jail;
b. Meals;
c. Uniforms;
d. Bedding and linens:
e. Use of the recreational and law library;
f. Use of recreational facilities;
g. County detainee on-site visitations;
h. Access to and participation in Eagle Jail work, training and treatment programs;
and
i. Routine medical, mental health and dental care, including but not limited to over-
the-counter medication, prescriptions, sick calls and medical personnel visits that
can be accommodated at the Eagle Jail.
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4. Court Appearances.
a. The Pitkin County Sheriff shall retain responsibility for the initial court advisement
prior to delivering any Pitkin County Detainee to the Eagle Jail.
b. For any Pitkin County Detainee that has been accepted by and delivered to the
Eagle County Sheriff, post advisement, pursuant to Paragraph 2 of this Agreement,
the Eagle County Sheriff will oversee any subsequent court-ordered or court-
allowed video/remote appearances from the Eagle Jail.
c. For any Pitkin County Detainee that has been accepted by and delivered to the
Eagle County Sheriff, post advisement, pursuant to Paragraph 2 of this Agreement,
the Pitkin County Sheriff will be responsible for all arrangements, including timely
transportation, custody, oversight and security for any in-person court appearance.
c. The parties acknowledge and agree that the Eagle County Sheriff will not be
responsible for the transportation of a Pitkin County Detainee to or from any in-
person court appearance, nor for any issues of custody, oversight or security while
a Pitkin County Detainee is in transport or any such court appearance.
In the event the Pitkin County Jail is at maximum capacity of pre-advisement
inmates, the Eagle County Sheriff may, in his sole discretion, agree to accept Pitkin
County pre-advisement detainees on a case-by-case basis, pursuant to Paragraph 2
of this Agreement, and only after sufficient communication is made between the
Pitkin County Sheriff and the Eagle County Sheriff.
4. Billable Services.
a. The Eagle County Sheriff may, at his sole and absolute discretion, provide the
following services to the Pitkin County Detainees, and Pitkin County shall be
responsible for paying for or reimbursing Eagle County for these services in an
amount equal to Eagle County’s cost of providing or obtaining such services:
i. Transporting Pitkin County Detainees to any venue should Pitkin County
personnel not be able or are unavailable to provide such transport; and,
ii. Any other services not expressly mentioned in Paragraph 3 above.
b. If a Pitkin County Detainee requires hospitalization or other care that cannot be
accommodated at the Eagle Jail, Pitkin County is responsible for arranging for such
care, transporting the Pitkin County Detainee to and from such care, paying for
such care directly and providing security while the Pitkin County Detainee is
receiving such care. However, if the Pitkin County Detainee is in need of immediate
care such that, at the discretion of the Eagle County Sheriff or his designee, the time
it would take for Pitkin County to respond may present a risk to the Pitkin County
Detainee’s health or safety or the health and safety of other inmates at the Eagle
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Jail, Eagle County shall transport the Pitkin County Detainee for immediate
medical attention. Pitkin County shall reimburse all costs incurred by Eagle County
if such an emergency situation occurs.
c. Pitkin County shall reimburse Eagle County for all costs incurred under Section 4
from the date any Pitkin County Detainee arrived at the Eagle Jail, regardless of the
date this IGA is signed and executed by the parties.
5. Billing Procedures. The Eagle County Sheriff will submit an invoice to the Pitkin County
Sheriff on a monthly basis detailing the number of Bed Space Days, as set forth in Paragraph 2,
and any Billable Services, as set forth in Paragraph 4. Pitkin County will pay such invoices within
thirty (30) days.
6. Number of Pitkin County Detainees. Pitkin County need not house a minimum number of
County detainees in the Eagle Jail per month under this Agreement. Pitkin County may utilize the
benefits of this Agreement as Pitkin County deems necessary, subject to the Eagle County Sheriff’s
discretion to accept Pitkin County Detainees as set forth above.
7. Responsibility for Care, Custody and Control of Pitkin County Detainees.
a. The Eagle County Sheriff shall have all authority necessary for the care, custody,
and control of Pitkin County detainees while a Pitkin County Detainee is housed in
the Eagle Jail or while being transported by Eagle County personnel. While housed
at the Eagle Jail or while being transported by Eagle County personnel, the Pitkin
County Detainees will be subject to all of Eagle Jail’s policies, rules, and
regulations, including disciplinary procedures, as they currently exist and as they
may be subsequently adopted or amended.
b. The Eagle County Sheriff shall make certain that court-imposed sentences and other
orders pertaining to Pitkin County Detainees housed at the Eagle Jail are faithfully
executed, and shall maintain a complete file of all records, communications, and
other written materials related to the Pitkin County Detainees, which shall be
provided to Pitkin County upon request.
c. Pitkin County shall provide the Eagle County Sheriff with any and all documents
relating to Pitkin County Detainees needed to maintain a complete file for each
Pitkin County Detainee housed at the Eagle Jail, including but not limited to court
orders, medical information, and restraining orders. All other property, with the
exception of these legal documents, belonging to the Pitkin County Detainees shall
remain under the care, custody, and control of Pitkin County and retained in Pitkin
County.
d. Pitkin County shall be responsible for transporting and providing all necessary
security for Pitkin County Detainees to and from the Eagle Jail and all other venues,
unless otherwise agreed. Such responsibility extends to all Pitkin County jail staff
and deputies involved in transportation or housing of the Detainees, who shall be
considered employees of Pitkin County at all times and for all purposes.
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e. Pitkin County Detainees shall not be granted furloughs or leaves and shall not be
assigned to work outside the Eagle Jail without prior written consent of the Eagle
County Sheriff and so ordered by a court of competent jurisdiction.
f. While within the Eagle Jail, Pitkin County personnel agree to fully abide by and
comply with all applicable Eagle Jail rules, regulations and procedures.
8. Return Policy. The Eagle County Sheriff reserves the right to return custody of any Pitkin
County Detainee housed at the Eagle Jail to the custody of Pitkin County Sheriff at any time and
for any reason, at the sole expense of Pitkin County, whereupon Pitkin County shall be responsible
for transporting and housing said County detainee in accordance with the law. If the Eagle County
Sheriff determines to return a Pitkin County Detainee, the Eagle County Sheriff will provide
written notice to the Pitkin County Sheriff and the Pitkin County Sheriff will pick up the Pitkin
County Detainee within twelve (12) hours of such notice, unless otherwise agreed. At no time will
the Eagle County Sheriff have the responsibility to transport any returned Pitkin County Detainee
back to Pitkin County or to any other location, unless otherwise agreed in advance by written
agreement of the parties. Likewise, Pitkin County may retrieve any Pitkin County Detainee housed
at the Eagle Jail at any time and for any reason, provided that the Pitkin County Sheriff provides
advance notice to the Eagle Jail that the Pitkin County Sheriff intends to retake custody of the
Pitkin County Detainee. Generally, the Eagle County Sheriff may return a Pitkin County Detainee
to the physical custody of the Pitkin County Sheriff under the following circumstances:
a. Pitkin County Detainee is about to complete his or her sentence;
b. Pitkin County Detainee is set to be released from custody by means of posting bail
or by court order;
c. Pitkin County Detainee becomes a management problem for the Eagle County
Sheriff;
d. Pitkin County Detainee receives new criminal charges or convictions that reclassify
the Pitkin County Detainee to another custody level beyond the capabilities of the
Eagle Jail;
e. Pitkin County Detainee commits a criminal offense while housed at the Eagle Jail;
or
f. Pitkin County Detainee is required for an in-person court appearance outside of the
Eagle Jail.
If a Pitkin County Detainee is scheduled for release pursuant to Section 8.a. or 8.b. above,
the Eagle County Sheriff shall transfer custody of the Pitkin County Detainee back to Pitkin
County, who shall transport the Pitkin County Detainee from the Eagle County Jail back
to Pitkin County. The Eagle County Sheriff and the Pitkin County Sheriff agree to make
all reasonable efforts to communicate and coordinate the transfer of physical custody of
any Pitkin County Detainee so as to reduce the number of trips Pitkin County personnel
need to make between Pitkin and Eagle County.
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9. Notification. In addition to the other notification requirements set forth in this Agreement,
the Eagle County Sheriff shall timely notify the Pitkin County Sheriff in the event of the following
circumstances:
a. Significant injury of a Pitkin County Detainee, including any injury that may
require hospitalization;
b. Escape, attempted escape, or conspiracy to escape of a Pitkin County Detainee;
c. Death of a Pitkin County Detainee;
d. Any emergency situation involving a Pitkin County Detainee; or,
e. Any other situation involving a Pitkin County Detainee for which the Eagle County
Sheriff, in his sole discretion, believes should be communicated to the Pitkin
County Sheriff.
10. Term. The term of this Agreement shall be for a period of one hundred twenty (120 days.
So long as Pitkin County is making progress toward finalizing their construction project, at the
Eagle County Sheriff’s sole discretion, the Sheriffs may elect in writing to renew this Agreement
for up to two (2) additional thirty (30) day periods without an amendment to this IGA. This
Agreement may be cancelled or terminated by either party for any reason upon fourteen (14) days
advance written notice. Upon termination of the Agreement, each party shall be released from all
further liability and obligations hereunder except for those arising under Paragraph 11 below,
which shall continue beyond the termination of this Agreement.
11. Responsibility for Records Requests. In the event that a records request under the Colorado
Open Records Act (“CORA”) or the Colorado Criminal Justice Records Act (“CCJRA”) is
submitted to Eagle County or the Eagle County Sheriff regarding a Pitkin County Detainee, Eagle
County shall be deemed the official custodian of the Detainee records provided by Pitkin County
and any documents created while the Detainee is housed in the Eagle jail and shall take full
responsibility in responding to such a records request.
12. Status of Parties. The parties agree that the status of Eagle County shall be that of an
independent political subdivision of the State of Colorado and it is not intended by this Agreement,
nor shall it be construed, that any party or any officer, employee, or agent of Eagle County is an
officer, employee, loaned employee, or agent of Pitkin County for purposes of unemployment
compensation, workers' compensation, governmental immunity or for any purpose whatsoever
unless otherwise provided herein. The parties further agree that the status of Pitkin County shall
be that of an independent political subdivision of the State and it is not intended by this Agreement,
nor shall it be construed, that any party or any officer, employee, or agent of Pitkin County is an
officer, employee, loaned employee, or agent of Eagle County for purposes of unemployment
compensation, workers' compensation, governmental immunity or for any purpose whatsoever
unless otherwise provided herein. Each party acknowledges that it remains fully responsible for
any and all obligations as the employer of its officers or other personnel, including, among other
things, responsibility for the payment of the earnings, overtime earnings, withholdings, insurance
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coverage, worker’s compensation, medical and legal indemnity where appropriate, and all other
requirements by law, regulations, ordinance, or contract.
13. Insurance. The parties are public entities within the meaning of the Colorado Governmental
Immunity act (CGIA), section 24-10-101, et seq., C.R.S., as amended. The parties agree that each
party is relyin g upon, and has not waived, the monetary limitations and all other rights, immunities
and protection provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
Therefore, at all times during the term of this Agreement, including any renewals or extensions,
the parties shall maintain such insurance, by commercial policy or self-insurance, as is necessary
to meet Liability, Commercial General Liability and Auto Liability.
14. Notice. All notices, requests, demands, and determinations (individually a “Notice”)
required under this Agreement (other than routine operational communications or as otherwise
expressly set forth herein), must be in writing and provided by electronic delivery (email). Each
party by notice sent under this paragraph may change the address to which future notices should
be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation
of delivery on the part of the sender. Nothing contained herein shall be construed to preclude
personal service of any notice in the manner prescribed for personal service of a summons or other
legal process.
a. Each Notice shall be addressed to the appropriate person at the receiving Party
(“Addressee”) at the address listed below or to such address as a Party may
designate by a Notice given in compliance with this section.
b. Notice hereunder is only effective if the requirements of this Section have been
strictly fulfilled, and Notice was actually received by the Addressee.
c. If a Notice that otherwise fulfills the requirements of this Section is rejected by the
Addressee, or if an Addressee refuses to accept such Notice, or if a change in
address for which no Notice was given causes the Notice to be undeliverable, then
the Notice is effective upon the occurrence of such rejection, refusal or
undeliverability.
For Eagle County:
Sheriff James Van Beek
Undersheriff Daniel Loya
Eagle County Sheriff’s Office
885 E Chambers Avenue P.O. Box 359
Eagle, CO 81631
James.vanbeek@eaglecounty.us
daniel.loya@eaglecounty.us
For Pitkin County both:
Sheriff Michael Buglione
Undersheriff Alex Burchetta
Pitkin County Sheriff’s Office
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530 East Main Street, Suite 103
Aspen, Colorado 81611
alex.burchetta@pitkinsheriff.com
15. General Provisions:
a. The laws of the State of Colorado govern all matters arising out of, or relating to,
this Agreement. Venue for or any action hereunder shall be in the District Court,
County of Eagle, State of Colorado.
b. This Agreement shall be binding upon the successors and assigns of the parties
hereto.
c. Because this Agreement involves the expenditure of public funds, this Agreement
is contingent upon continued availability and appropriation of such funds by the
parties. The obligations described herein shall not constitute a general obligation,
indebtedness or multiple year direct or indirect debt or other financial obligation
whatsoever within the meaning of the constitution or the laws of the State of
Colorado.
d. Eagle County hereby agrees that it will fully comply with all applicable federal,
state and local laws, governmental regulations, and lawful orders of a court of
competent jurisdiction with regard to the operation of the Eagle County Jail and the
treatment of Pitkin County Detainees housed therein.
e. This Agreement may be executed in one or more counterparts, each of which shall
be an original but all of which shall together constitute one and the same document.
Facsimile, electronically scanned or electronically signed copies of an original
signature by either Party shall be binding as if they were original signatures.
f. Each person signing this Agreement in a representative capacity expressly
represents that the signatory has the subject Party’s authority to so sign and that the
subject Party will be bound by the signatory’s execution of this Agreement.
g. Nothing in this Agreement shall be construed to create any rights in or duties to any
third party, nor any liability or standard of care with reference to any third party.
This Agreement shall not confer any right, or remedy upon any person other than
the Parties.
h. The waiver of any breach of a term, provision or requirement hereof shall not be
construed as a waiver of any other term, provision or requirement or any subsequent
breach of the same term, provision or requirement. No failure by either Party to
exercise any right it may have shall be deemed to be a waiver of that right or the
right to demand exact compliance with the terms of this Agreement.
i. Neither this Agreement nor any of its provisions may be amended or otherwise
modified, except by a written instrument signed by both Parties and then only to
the extent expressly provided therein.
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j. Each Party and its legal counsel have reviewed this Agreement. Any rule of
construction to the effect that ambiguities are to be resolved against the drafting
Party shall not apply in interpreting this Agreement.
k. The captions of this Agreement are for convenience only, are not part of the
Agreement, and do not in any way limit or amplify its terms and provisions.
l. To the extent that any term or provision hereof be declared invalid or becomes
inoperative for any reason, such invalidity or failure shall not affect the validity of
any other term or provision hereof.
m. This Agreement, together with its exhibits and attachments, is intended as the
complete integration of all understandings between the Parties. No prior or
contemporaneous addition, deletion or modification hereto shall have any force or
effect whatsoever.
n. This agreement is not assignable by either Party.
[Signature Page(s) Follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
BOARD OF COUNTY COMMISSIONERS
EAGLE COUNTY, COLORADO
ATTEST:
_________________________ ____________________________________
Regina O’Brien, Eagle County Kathy Chandler Henry, Chair
Clerk and Recorder
EAGLE COUNTY SHERIFF
James Van Beek
ATTEST: BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
_________________________ _____________________________
Julia Ely, Francie Jacober, Chair
Deputy County Clerk
Date: ______________
PITKIN COUNTY SHERIFF MANAGER APPROVAL
_________________________________ _________________________________
Michael Buglione Phylis Mattice for Jon Peacock, County
APPROVED AS TO FORM
___________________________________
Laura C. Makar, Assistant County Attorney
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Manager
Feb-16-2023
