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HomeMy WebLinkAbout8654RESOLUTION NO. 8654 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO SCHOOL DISTRICT NO. 60 AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO USE OF DISTRICT'S FACILITIES FOR THE DARE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between Pueblo School Pueblo, a Municipal Corporation dated March use of the District's facilities for conducting th e attached hereto, having been approved as approved. District No. 60 ( "District ") and the City of 9, 1999 ( "the Agreement ") relating to the DARE Program, a true copy of which is to form by the City Attorney, is hereby SECTION 2. Funds necessary to meet the City's financial obligations which may arise under the Agreement shall be payable from the unexpended balance of appropriations budgeted in the City's 1999 Budget for the Police Department, from Account No. 064- 0800- 141- 000 - 060 -4768. 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. INTRODUCED March 22, 1999 BY: Cathy A. Garcia Councilperson APPROVED: 9, X/ President of the Council ATTEST: 0 1 as . . �o �. 1 AGREEMENT THIS AGREEMENT is made and entered into this 9th day of March, 1999 by and between Pueblo School District No. 60, acting on behalf of Central High School (hereinafter referred to as the "District "), Pueblo County, Colorado, and the City of Pueblo, a Municipal Corporation, for and on behalf of its Police Department ( "City "). WHEREAS, City's Police Department conducts a Drug Abuse Resistance Education Program ( "DARE ") as a program which provides information to children within the corporate boundaries of the City of Pueblo and works cooperatively with the children, schools and families, and; WHEREAS, the District is willing to provide space to house City's DARE staff on -site, and City desires to avail itself of this opportunity to be more closely involved in the community; and WHEREAS, City desires to coordinate with the District in providing DARE programs that provide information to children, schools and families within the corporate boundaries of the City of Pueblo. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: I. OBLIGATIONS OF CITY A. City shall designate certain Police Department employees associated with the DARE program to utilize space to be provided by District at Central High School, 216 E. Orman Avenue, Pueblo, Colorado, in order to provide information services to children and their families. The designated City employees will develop and conduct DARE programs to work with children, the schools, and families, provided that the nature of such programs shall be approved in advance by the District. The District is familiar with the programs currently being conducted by DARE and agrees that these programs may continue at Central High School. A detailed description of any new or additional programs must be submitted to the District 20 days prior to implementation of such new or additional program. If the District does not object in writing to any new program within 20 days, the program may be conducted by DARE. The designated City employees will, at all times during the effective term of this Agreement, remain employees of City. City will be responsible for providing such individual(s) with payment of wages, health care benefits, and Workers' Compensation Insurance (including occupational disease) in accordance with applicable workers' compensation laws, FICA, and other requirements of law. Such City employees shall report to the City's assigned DARE program supervisor in the performance of services under this Agreement. B. City shall be responsible for installation of any additional phone lines desired by City at the site and for payment of all telephone charges applicable to such additional phone lines, in order that City may have basic telephone service available for City employees at the site. City shall be responsible for providing, maintaining and insuring its own furniture and fixtures associated with its operations while at Central High School. C. City shall be responsible for the custodial costs incurred by District due to any DARE program hours exceeding those kept by the District as part of the normal operations of the building, to include coverage during scheduled District holidays. D. Claims by City against the District for damage to City owned property located upon school grounds shall be submitted by City to the Principal of Central High School who shall forward the same to the District's Assistant Superintendent for Auxiliary Services. The claim shall be investigated jointly by the Assistant Superintendent for Auxiliary Services and the Chief of Police of the Pueblo Police Department to determine legitimacy and the amount of the claim which should be paid by the District. In the event the Chief and the Assistant Superintendent shall disagree on the amount of the claim to be paid by the District, the Assistant Superintendent for Auxiliary Services shall ultimately decide the same, provided such decision is made in good faith, is not arbitrary and capricious. E. To the extent permitted by law, City shall indemnify and hold harmless the District, its officers, board members, agents and employees, from and against any and all claims, demands, actions, suits of any kind or nature whatsoever, including but not limited to any claims arising under any applicable workers' compensation laws, or other public liability, as a result of any grossly negligent or intentional act, or failure to act, on the part of the City, its employees or agents connected with or engaged in the performance of the City's obligations hereunder. Notwithstanding anything contained herein to the contrary, any liability of the City hereunder shall be subject to the conditions precedent and limits on liability set forth in the Colorado Governmental Immunity Act. F. The parties understand and agree that City shall, at all times during the term of this Agreement, be deemed an independent contractor and not an employees of the District, and shall be responsible in accordance with law for all withholding taxes, social security, unemployment, workers' compensation, and /or other employment taxes with respect to its employees, and shall indemnify and hold the District harmless from and against any and all claims for the same. II. OBLIGATIONS OF THE DISTRICT A. The District shall designate space at Central High School mutually agreed upon by City and the Principal, and will provide such space, including light and heat, at no charge to City. School Board policy as set forth in Policy KF -R and KFKF, attached hereto and made a part hereof, will apply to this use of school facilities. B. The District shall make reasonable effort to accommodate the DARE program conducted by City's Police Department. Except in emergency circumstances, the District shall provide City at least 72 hour notification if the portion of the building allocated herein to City becomes temporarily unavailable. C. The District shall, at its sole cost and expense, procure and maintain during the entire period of its performance hereunder, Worker's Compensation Insurance (including occupational -2- disease) and Employer's Liability Insurance in accordance with any applicable worker's compensation laws on all of its employees, servants and/or agents connected with or engaged in the performance of the District's obligations hereunder. D. To the extent permitted by law, the District shall indemnify and hold harmless the City, its officers, directors, agents and employees, from and against any and all claims, demands, actions, suits of any kind or nature whatsoever, arising under any applicable worker's compensation laws, or other public liability, as a result of any grossly negligent or intentional act, or failure to act, on the part of the District, its employees or agents connected with or engaged in the performance of the District's obligations hereunder, except and to the extent that such liability is attributable to the negligent or intentional actions of City, its officers, agents and employees. Notwithstanding anything contained herein to the contrary, any liability of the District hereunder shall be subject to the conditions precedent and limits on the liability set forth in the Colorado Governmental Immunity Act. E. The parties understand and agree that the District shall, at all times during the term of this Agreement, be deemed an independent contractor and not an employee of City, and shall be responsible in accordance with law for all withholding taxes, social security, unemployment, worker's compensation, and /or other employment taxes with respect to its employees, and shall indemnify and hold City harmless from and against any and all claims for the same. III. TERM /TERMINATION Unless sooner terminated as provided herein, this Agreement shall commence the day and year first written above, and terminate June 30, 1999. Any party, at any time, with or without cause, may terminate this Agreement by providing the other party with thirty (30) days advance written notice of its intent to terminate. IV. OTHER A. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations and understandings of the 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 the parties. Any 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. B. In the event this Agreement or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the parties will immediately begin negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the parties. -3- C. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of its provisions. D. Except as set forth elsewhere in this paragraph, all notices to be given under this Agreement shall be made in writing, and shall be sufficient if delivered personally, or mailed by First Class United States Mail, postage prepaid, to the other party at the following addresses: If to the District: Pueblo School District No. 60 Attn: Superintendent 315 W. 11th Street Pueblo, CO 81003 Telephone: (719)549-7100 and Central High School Attn: Principal 216 E. Orman Avenue Pueblo, CO 81004 Telephone: (719)549 -7304 If to the City: Pueblo Police Department Attn: Chief of Police 130 Central Main Street Pueblo, CO 81003 Telephone: (719)549- 1250 IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. PUEBLO SCHOOL DISTRICT NO. 60 By Q ke l W / • Judy f. Wea r President, Board of Education for School District No. 60 CIT F PUEBL , a un ipal Corp a o 71b By t� �--- President of the City Council Attest: City Cl k Approved as to form: City Attorney PUE8 6� F- mbloschuc:, Policy and Proced File: KF - -R Author: Roberta Ward Community Use of School Facilities Use of buildings 1. The Board makes certain school facilities available for community use after the regular school program. 2. All facilities must be vacated by 10:00 p.m. 3. Adequate adult leadership and supervision will be required at all times for activities in which minors are participating. 4. Swimming pools, gyms and industrial education facilities will be available for community recreational use at times other than that needed for instructional and interscholastic programs. Such facilities will be directed and supervised by the parks and recreation department of the City of Pueblo upon approval by the assistant superintendent for auxiliary services. The specific times will be determined by the assistant superintendent for auxiliary services and the parks and recreation department of the City of Pueblo. 5. School facilities will be available for religious purposes at times and as the assistant superintendent for auxiliary services determines appropriate. The continuous use of a facility by a religious organization will not exceed one year. In an emergency, an extension may be granted by the superintendent /vice president. 6. Rental requests for speciality areas such as science rooms, industrial education shops, computer rooms, etc., will be evaluated by the assistant superintendent for auxiliary services and, if determined to be acceptable, rental arrangements may be made. A qualified teacher or operator in these areas may be required to be present during the rental for the benefit of protection of the district's investment. Scope 1. Community use Boy Scouts, Girls Scouts and 4 -H groups of school -age children may use a district lunchroom or classroom free of charge for noncommercial purposes provided there is no cost to the district for such use. When additional costs occur, charges will be made according to the established procedures and rate schedule. b. Adult resident groups of the district in the promotion of education or non - partisan civic goals, except as designated in item 2 below, may use the buildings for noncommercial purposes at no charge provided there is no cost to the district for such use. When additional costs occur, charges will be made according to the established procedures and rate schedule. 2. Commercial Profit - making groups who use district facilities for conduct of a commercial enterprise will pay according to the established rate schedule. b. A community nonprofit organization using a building for a fundraising activity will be considered a commercial enterprise and will be required to pay according to the established rate schedule. (1) A waiver of all or a portion of the commercial rate fees may be granted for community nonprofit organizations if all the funds derived from the fundraising activity are designated to be spent for the benefit of school -age children of the district. (2) A waiver of the commercial rate fee may be granted for community nonprofit organizations by vote of the Board. C. A commercial renter will provide the district with a certificate of liability insurance for $500,000/$500,000 naming Pueblo District 60 as an insured party and submit it to the associate superintendent of business one week prior to the event. Denial of requests The use of district buildings and facilities will be denied for the following purposes: (1) Advancing any doctrine or theory subversive to the Constitutions of the state of Colorado and /or the United States of America (2) Advocating social or political change by violence b. Buildings are not be used on those days designated as official holidays for district employees unless special permission is given by the assistant superintendent for auxiliary services. 4. Equipment District equipment and furniture will not be loaned or rented to any person or agency for use except in accordance with Board policy. Conditions of Use 1. Applications a. Applications, except for gyms and field rentals, must be completed and accompanied with full payment of rental costs two weeks prior to the date requested. Rental fees for use of gymnasiums will require a deposit of $50 at the time of application and the rental fee will be paid within 15 days of billing date in order to continue the rental of the gymnasium. b. User(s) of district facilities must be sponsored by an individual, local group or organization and applications must be made at the appropriate offices) as follows: (1) Administrative services cente All four high school gyms, swimming pools and fields; Roncalli Middle School gym and football field; Dutch Clark Stadium (2) Director of Keating Education Center Any use of the Keating Education Center (3) Maintenance services center Any application for the use of any food service kitchen will be made with the rental clerk at the maintenance services center and approved by the director of food services. (4) Maintenance services center Any application for use of all other facilities and fields (classrooms, gyms, auditoriums, etc.) will be made with the facility rental clerk at the maintenance services center. 2 (5) Assistant superintendent for auxiliary services: Extended rental agreements may be made with the assistant superintendent for auxiliary services subject to Board approval. C. The person who signs the application will be considered the legal agent of the organization or group and, as such, will be responsible for compliance with all conditions for the use of the facilities and cannot assign or transfer the application to a new individual or group. (1) The applicant agrees to indemnify the district for any damages oc- curring to the building or adjacent grounds during the periods such property is rented to or used by the applicant. (2) The applicant agrees to hold the district harmless from liability for any injury or accident arising during the course of the rental. The applicant will also hold the district harmless for any damage or loss to the property of any person attending the sponsored rental activity. d. Microphones, rostrums, chairs and stage lights will be made available if requested at the time of rental application. Under no circumstances will this equipment be used or operated by anyone other than district authorized personnel. e. Upon approval, the applicant's copy will be returned to the address given. This copy will serve as the applicant's identification to the custodian of the building and will be surrendered to the custodian at the time of use. The custodian is required to deny the use of the building unless a properly approved application is surrendered. 2. Regulations a. Persons using the buildings must confine themselves to the rooms and corridors assigned for their use and to the approved times. Areas must be vacated completely at the approved time. b. When a school is occupied, a custodian must be present unless approved otherwise by the assistant superintendent for auxiliary services. Organizations using district facilities will not negotiate with or pay any custodian or other district personnel for services rendered. C. The use or possession of alcoholic beverages or any illegal substance by any person or groups in facilities or on district grounds is strictly prohibited. Smoking in district buildings or on district grounds is prohibited. d. No person without gym shoes will be permitted on the gymnasium floor for athletic participation. e. District facilities will not be rented to a nonschool sponsored group for a dance. Bingo or any other form of gambling will not be permitted in district facilities. g. Keys to a district building or facility will not be issued or loaned to any individual other than authorized district personnel. h. Notice of cancellation of a rental of a district facility must be made at the office where the rental was made at least 48 hours prior to the scheduled time in order to insure a complete refund of rental cost. In case of weekend use, the rental must be canceled by 10:00 a.m. on the Thursday preceding the scheduled time. If appropriate cancellation is not made, the renter will pay all rental fees. If admission or a registration fee is charged, the applicant must provide the district with a complete accounting of all ticket sales and /or registration. 3 Failure to comply with the building use rules or causing unnecessary damages to a building may result in cancellation of the use permit and of any further use of any district facility by the offending organization or group. Approved March 12, 1985 Revised March 1, 1991 Revised September 22, 1998 LEGAL REFS.: C.R.S. 22 -32 -109 (1)(bb) C.R.S. 24 -10 -101 of seq., Colorado Governmental Immunity Act C.R.S. 25 -14 -103.5 CROSS REF.: ADC, Tobacco -Free Schools Pueblo School District No. 60, Pueblo, Colorado 4 PUEBL ) l":ebtct �3�00 60 Policy and Procedures File: KFKF Author: Roberta Ward Community Use of School Facilities School buildings and other facilities belong to the citizens of Pueblo and are some-times needed for community activities which are not within the scope of the regular school program. Fees shall be charged in an effort to cover the direct expense of the additional use of school buildings and facilities. The Board periodically shall review the details concerning specific use and fees. School playgrounds shall be made available after school and on nonschool days for community use. However, in the interest of harmony, organized activity must be scheduled through the district. Adopted March 12, 1985 LEGAL REF.: C.R.S. 22 -32 -110 (1) (f) CROSS REF.: EDC, Authorized Use of School -Owned Materials and Equipment Pueblo School District No. 60, Pueblo, Colorado 1