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HomeMy WebLinkAbout8476RESOLUTION NO. 8476 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND SENIOR RESOURCE DEVEL- OPMENT AGENCY, INC. AND AUTHORIZING EXECUTION THEREOF BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The agreement between the City of Pueblo and the Senior Resource Development Agency, Inc. (SRDA) dated July 27, 1998 , 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 authorized and directed to execute said Agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: J uly 27, 19 98 By Rich Golenda Councilperson ATTEST: City Cl k APPROVED: Presiden f th City Council TF 43.;31 4 COUNCIL AGENDA - BACKGROUND PAPER TITLE: A resolution authorizing City Administration to negotiate with the Senior Resource Development Agency to provide senior volunteers for certain clerical assignments at the Pueblo Police Department. DEPARTMENT: Office of the Chief of Police DATE: July 21, 1998 ISSUE: Should City Council renew an agreement with the Senior Resource Development Agency to provide for the use of senior volunteers for clerical assignments within the Police Department. BACKGROUND: The City has received senior volunteer clerical or other appropriate assistance at the Police Department for many years. The volunteers are provided through the Senior Resource Development Agency,. The hours worked are recorded by SRDA, and the department provides the services of a coordinator to oversee the working assignments of these volunteers. FINANCIAL IMPACT: The volunteers contribute many hours to the department which would otherwise be filled by salaried employees when possible. When that would not be possible, the work would remain incomplete until a regular employee was available. RECOMMENDATION: Approval of the resolution. AGREEMENT THIS AGREEMENT is made and entered into this 27 day of July , 1998 by and between the Senior Resource Development Agency, Inc. (hereinafter "SRDA ") and the City of Pueblo, a Municipal Corporation (hereinafter "City "). WHEREAS, SRDA operates a retired senior volunteer program whereby senior citizens volunteer their tirne and services to public and private entities for the benefit of the community and obtain personal fulfillment by remaining valuable members of the community; and WHEREAS, the City has available work of benefit to the public which would otherwise not be performed by public employees or others, and therefore is willing to participate in the program. NOW, THEREFORE, in consideration of the promises hereinafter set forth, the parties hereto enter into this Agreement and hereby state and agree as follows: 1. SRDA warrants that it has independent legal authority to provide the function, service or facility and meet the commitments contemplated within and the subject of this Agreement. 2. This Agreement is not intended to, nor should it be construed to, create or extend the legal responsibilities of the parties hereto to any program volunteer or third party, nor to create or extend any rights or remedies to said volunteers or third parties. 3. City agrees, subject to the conditions herein set forth, to assign volunteers referred by SRDA to perform work for and benefiting the City and its residents: (a) SRDA shall refer only volunteers who meet City criteria established by City Administrators designated by the Pueblo City Manager. City shall retain the right, with or without cause, to refuse to accept or assign any program volunteer that City finds unacceptable. -1- (b) City reserves the right to assign or reassign volunteers to any work within the City, except that City shall make reasonable effort to avoid assignment to ultrahazardous work or work which would unreasonably endanger the health or safety of the volunteer. (c) City shall through its employees provide appropriate instruction and supervision of volunteers and make such reports to SRDA concerning the performance of the volunteers as SRDA may reasonable require. (d) City shall not be responsible for transportation of volunteers to or from the work place or provide meals or any mileage or other reimbursement or compensation to either SRDA or the volunteers. fr' (e) SRDA shall have the right at any t9m to (i) terminate the program and this Agreement, (ii) remove any volunteer, (iii) determine the volunteers who will be referred to City, and (iv) make rules and regulations governing the program or volunteers which are not inconsistent with this Agreement. S. No person performing work for the City as a volunteer hereunder shall be considered an employee of the City e of C7ity and the City shall not be liable for any acts or omissions or negligence of such / volunteers. The City expressly states that it does not elect to provide Workman's Compensation Coverage for such volunteers and neither the City nor its Workman's Compensation Insurance carrier shall be responsible for any benefits thereunder. 6. SRDA agrees to indemnify, defend and hold City harmless from all claims, demands, actions, judgements and costs, including attorney fees, arising from the performance of this Agreement, the performance or nonperformance or work by volunteers hereunder and from any tortious acts or omissions by said volunteers or by SRDA. 7. Nothing contained herein shall authorize any City employee to contract for materials or services on behalf of the City. No act or omission of any employee of the City shall constitute a waiver or modification of any term of this Agreement, nor estop the City from asserting or enforcement any term of this Agreement. All modifications to this Agreement shall be made in writing and shall be effective only upon approval of the City Council by duly adopted resolution. -2- 8. The term of this Agreement shall commence on the date of its approval by the City Council and SRDA and shall terminate one year thereafter unless extended by subsequent agreement or terminated earlier as provided herein. 9. This Agreement may be terminated by either party by giving written notice of such termination to the other party. Notice shall be deemed given when mailed via first class mail to the City addressed to City Manager, 1 City Hall Place, Pueblo, Colorado, 81003, and to SRDA addressed to 228 N. Union Avenue, Pueblo, Colorado, 81003. 10. This Agreement is intended as the complete integration of all understandings between the parties and no prior or contemporaneous, understanding or promises of any kind shall be of any force or effect whatsoever. WHEREFORE, the parties hereto have executed this agreement the day and year first above written. CITY OF PUEBLO Q. By President ofJCity Council [SEAL] ATTEST: City Cl APPROVED AS.--'TO FORM: City Attori ---` SENIOR RESOURCE DEVELOPMENT AGENCY, INC. B — Z Exec ive irector TJF 43.32 - 3 -