Loading...
HomeMy WebLinkAbout8186RESOLUTION NO. 8186 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO STATE FAIR AUTHORITY 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 the State of Colorado for the use and benefit of the Colorado State Fair Authority and the City of Pueblo, a Municipal Corporation dated August 11, 1997, ( "the Agreement ") relating to the employment of off -duty police officers at and upon the Colorado State Fairgrounds, 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 Cle INTRODUCED: July 28, 1997 By CHARLES JONES Councilperson APPROVED: President o the City Council J:\ CITY\ POLICE \MISC \OTHREMPL \FAIR\RESOLUTI. WPD GALE A. NORTON Attorney General MARTHA PHILLIPS ALLBRIGHT Chief Deputy Attorney General RICHARD A. WESTFALL Solicitor General STATE OF COLORADO DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL September 19, 1997 Gina Dutcher P.O. Box 1427 Pueblo, Colorado 81002 RE: Colorado State Fair Agreement with City of Pueblo Dear Gina: STATE SERVICES BUILDING 1525 Sherman Street - 5th Floor Denver, Colorado 80203 Phone (303) 866 -4500 FAX 303 ) 866 -5691 As you requested, I enclose a copy of the never - signed agreement between the CSFA and the City of Pueblo. Our objection to the contract concerns the breadth of the CSFA's indemnity obligation. The state also has mandatory contract terms that would need to be included in any agreement. Please contact me if you have any questions. Sincerely, FOR T GENERAL RAY IF First ssistant Attorney General Re latory Law Section (303) 866 -5275 (303) 866 -5395 (FAX) THTE F H I R Fair Security 7/97 AGREEMENT THIS AGREEMENT is made and entered this 11th day of August, 1997, by and between the State of Colorado, for the use and benefit of the Colorado State Fair Authority (hereinafter referred to as "Authority ") and the City of Pueblo, a Municipal Corporation (hereinafter referred to as V , 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, Authority is a political subdivision of the state of Colorado which is authorized by law to conduct upon the state fairgrounds at Pueblo, Colorado, the Colorado state fair and industrial exposition and such off - season events as its Board may approve or are authorized by law; and WHEREAS, Authority desires to utilize the services of otherwise off -duty City Peace Officers to render services to Authority during the Colorado state fair and industrial exposition and at other times throughout the year at and upon the state fairgrounds at 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 Authority as temporary or part-time employees of Authority 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 Authority, it being the intent of this Agreement that it is vvithiri the sole and independent discretion of each off-duty City Peace Officer whether to work during Ivy or her off -duty hours as an employee of Authority. (c) Services performed and hours worked by off -duty City Peace Officers for Authority shall be as employees of the Authority 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 Authority 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. Authority shall be solely responsible for payment of all wages, pension contributions, other compensation and benefits to such off duty City Peace Officers for services performed for Authority. Lim ' =;THTE FAIR 038665395 f 10. = 1 D04 (d) Off -duty City Peace Officers employed by Authority 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, Authority 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 Authority in compliance with Colorado workers' compensation laws. (f) During their employment by Authority. off -duty City Peace Officers shall be under the control and supervision of the Authority 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 Authority direct off -duty City Peace Officers employed by Authority 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 Authority 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 Authority or any liability whatsoever. Authority 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 or occurrence, 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 or in any way connected with any such event or occurrence. 3 . (a) Authority acknowledges and agrees that each off -duty City Peace Officer who performs service for Authority shall, during such service, be and constitute an employee of the Authority for all purposes, and Authority shall solely be responsible for all employment taxes, workers' compensation, and social security or retirement plan withhold rig arising from such employment, zind Authority agrees to pay each such off -duty City Peace Officer :tor such service directly and hold harmless the City from responsibility of any nature for such payment. (b) Authority 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, frame 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 Authority, or arising in any mariner from Authority's employment or use of such off -duty City Peace Officers. (c) Authority shall secure and maintain, at Authority's expense, during the tern, of this Agreement and for such time as Authority employs off-duty City Peace Officers, General -2- 02 12; ' -47 1 -: 17 COLCIRHL?Li STWE FAIR hJO. ..211 P05 Public Liability and Property Damage Insurance issued to Authority and covering the liability of Authority with respect to all work performed, and all actions taken, by oft -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 acid 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 this Agreement by Authority, Authority 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, Authority 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 conzunence on the day and date first set forth above and shall automatically terminate, without notice, on December 31, 1997. Notwithstanding the termination of this Agreement, the obligations of each of the parties hereunder shall survive the termination of this Agreement. (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) 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. A'1 - fEST: City Cl APPROVED AS TO FORM: City Att ney' CITY OF PUEBLO, A .MUNICIPAL CORPORATION By G President d the CAY Council -I- CIS' 1 ` "�^ i 1� _CILORHD t S.TWE FHIF STATE OF COLORADO ROY ROMER. GOVERNOR ATTEST: By Chief Clerk STATE CONTROLLER By Manager - Colorado State Fair Authority APPROVED: GALE A. NORTON, ATTORNEY GENERAL By Assistant Attorney General -4-