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HomeMy WebLinkAbout7770RESOLUTION NO. 7770 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO SCHOOL DISTRICT NO. 60 AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO EMPLOYMENT OF OFF -DUTY POLICE OFFICERS, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement between Pueblo School District No. 60 ( "District ") and the City of Pueblo, a Municipal Corporation dated December 11, 1995, ( "the Agreement ") relating to the employment of off -duty police officers at and upon District facilities, a true copy of which is attached hereto , having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. ATTEST: City Clerk INTRODUCED: December 11, 1995 By Al G=le Councilperson j APPR VED: President of the City Council J:\CITY\POLICE\MISC\OTHRENVL\SCHOOLS\RESOLLJTI.WPD District 60 - Security 10/95 (Rev. 12/95) AGREEMENT THIS AGREEMENT is made and entered this I Ith day of December, 1995, by and between the Pueblo School District No. 60 (hereinafter referred to as "District ") and the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City "). WHEREAS, City has adopted policies and procedures permitting City's police officer employees (hereinafter "City Peace Officers ") to engage in certain types of employment when they are otherwise off -duty and not working for City, and subject to availability; and WHEREAS, District is a duly organized school district and political subdivision of the state of Colorado which is authorized by law to conduct educational activities which may also include extracurricular activities and athletic events; and WHEREAS, District desires to utilize the services of otherwise off -duty City Peace Officers to render services to District during District sponsored activities and events conducted at and upon District facilities within Pueblo, Colorado; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants, conditions and promises set forth herein, the parties agree as follows: 1. (a) City agrees to allow its otherwise off -duty City Peace Officers to perform services for and on behalf of District as temporary employees of District performing contracted services subject to all of the terms and conditions of this Agreement, the rules and regulations of City's Police Department and further subject to each such City Peace Officer being available at the time services are to be performed and not needed at such time by the City for regular or overtime City police work. (b) Off -duty City Peace Officers are not required by this Agreement to perform services for District, it being the intent of this Agreement that it is within the sole and independent discretion of each off -duty City Peace Officer whether to work during his or her off -duty hours as an employee of District. (c) Services performed and hours worked by off -duty City Peace Officers for District shall be as employees of the District as a separate and independent employer and shall not be considered as, nor constitute, service performed or hours worked for City. Specifically, hours worked by off -duty City Peace Officers for District shall not be combined with hours worked for the City for purposes of calculating any City wages, compensation, pension, seniority or benefits of any kind. District shall be solely responsible for payment of all wages, other compensation and benefits to such off -duty City Peace Officers for services performed for District. (d) Off -duty City Peace Officers employed by District shall be permitted to wear their official City uniform, firearm and related equipment authorized by City, without modification. (e) Any injury, accident or sickness arising from or in connection with any City Peace Officer's performance of service for, or employment by, District shall not be covered under City's workers' compensation insurance or self - insurance program but shall be covered under such workers' compensation coverage or self - insurance program as is provided by District in compliance with Colorado workers' compensation laws. (f) During their employment by District, off -duty City Peace Officers shall be under the control and supervision of the District and not City's Police Department; provided, however, that such off -duty City Peace Officers shall at all times be required to conduct themselves in accordance and comply with City Police Department's Standards of Conduct, and applicable state and local laws. At no time shall District direct off -duty City Peace Officers employed by District to engage in a violation of such Standards of Conduct or laws. 2. The parties hereto understand and agree that City Peace Officers may at any time become needed by City for City's police function and may become unavailable to District for off - duty work, or at any time an off -duty City Peace Officer may be called back to City duty. In any such event, City shall incur no obligation to District or any liability whatsoever. District expressly releases City and its officers and employees from and waives any and all liability, claims, demands and damages of whatsoever nature, which arise out of any such event, and agrees to indemnify, defend and hold harmless the City, its officers and employees from and against any third -party liability, claims, demands and damages arising out of such unavailability or call back. 3. (a) District acknowledges and agrees that each off -duty City Peace Officer who performs service for District shall, during such service, be and constitute an employee of the District for all purposes, and District shall solely be responsible for all employment taxes, workers' compensation, and social security or retirement plan withholding arising from such employment, and District agrees to pay each such off -duty City Peace Officer for such service directly and hold harmless the City from responsibility of any nature for such payment. (b) District shall indemnify, defend and save harmless the City and its officers, employees, agents, insurers and self - insurance pool from all suits, actions and claims of every character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any action or nonaction by any off - duty City Peace Officer while employed by District, or arising in any manner from District's employment or use of such off -duty City Peace Officers. (c) District shall secure and maintain, at District's expense, during the term of this Agreement and for such time as District employs off -duty City Peace Officers, General Public Liability and Property Damage Insurance issued to District and covering the liability of District with respect to all work performed, and all actions taken, by off -duty City Peace Officers, to be written on a comprehensive policy form. This insurance shall be written in amounts not less than $600,000 for each occurrence and aggregate for personal injury including death and bodily injury and $600,000 for each occurrence and aggregate for property damage. This policy of insurance shall name the City, its officers and employees as additional insureds. Within 10 days of execution of -2- this Agreement by District, District shall file with City's Director of Finance a certificate of insurance complying with the provisions of this paragraph. In lieu of obtaining a complying insurance policy written by a company authorized to issue such insurance within the State of Colorado, District may provide certification that the type and level of coverage required herein is being furnished through a self - insurance fund program or the risk management fund administered by the Division of Risk Management of the Colorado Department of Administration. 4. The term of this Agreement shall commence on the day and date first set forth above and shall automatically terminate, without notice, on December 31, 1996. Notwithstanding the termination of this Agreement, the obligations of each of the parties hereunder shall survive the termination of this Agreement. 5. (a) When signed by each of the parties hereto, this Agreement shall be binding and effective according to its terms upon the parties and their successors. (b) The persons executing this Agreement on behalf of the District represent and warrant that such persons and the District have the requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of the District and is enforceable against the District in accordance with its terms. (c) This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations, and understandings of parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made by written document signed by authorized representatives of each of the parties. Any attempted delegation or assignment of this Agreement by either party without the prior written consent of the other party shall be void. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF PUEBLO, ATTEST: A M ICIPAL CORPORATION B City Clerk resident of the City Council APPROVED AS TO FORM: Z City Attorney ATTEST: Secretary PUEBLO SCHOOL DISTRICT NO. 60 I INY .�q N-0 -3-