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
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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
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