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HomeMy WebLinkAbout8769RESOLUTION NO. 8769 A RESOLUTION APPROVING AN AGREEMENT BETWEEN 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 Colorado State Fair Authority and the City of Pueblo, a Municipal Corporation dated July 26, 1999, ( "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: INTRODUCED: Jul v 26 , 1999 By Dr. Bi11 Sova F:\FILES\CITY\POLICEMSC\OTHRF-WL\FAIR\1999\RESOL-99.WPD Councilperson r: COUNCIL AGENDA TITLE: OFF -DUTY OFFICERS WORKING AT COLORADO STATE FAIR DEPARTMENT: Pueblo Police Dept. DATE: July 26, 1998 ISSUE: Should Council consider signing an agreement between the Colorado State Fair Authority and the City of Pueblo relating to employment of off -duty police officers. RECOMMENDATIONS: It is the Staff's recommendations that Council sign the agreement. BACKGROUND/ For several years, off -duty Pueblo Police ANALYSIS: Officers have been hired by the State of Colorado to work for the Colorado State Fair. The officers have worked in their police uniforms and have provided police protection for the visitors of the State Fair. The Pueblo County Sheriff's Department has also allowed their deputies to work in this capacity and the cooperation between the Police and Sheriff Departments has made the security detail at the State Fair highly successful with minimal impact on the City and County's law enforcement agencies. FINANCIAL: There is no cost to the City. The State of Colorado pays all salaries and benefits. Fair Security 1999 Rev. #2; 7/14/99 INTERGOVERNMENTAL AGREEMENT By and Between Colorado State Fair Authority and City of Pueblo, a Municipal Corporation THIS AGREEMENT is made and entered this 26th day of July, 1999, by and between the Colorado State Fair Authority (hereinafter referred to as "CSFA ") 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, CSFA is an agency of the state of Colorado created pursuant to §35 -65 -401, C.R.S. and is authorized by law to conduct upon the state fairgrounds at Pueblo, Colorado, the Colorado state fair and industrial exposition; and WHEREAS, CSFA plans to employ, as temporary employees of CSFA, certain off -duty peace officers of City and /or certain off -duty peace officers of Pueblo County and other jurisdictions, selected by CSFA, to be present upon the fairgrounds at certain specified dates and times, in their official peace officer uniforms, to perform activities within the scope of the officers' authority as temporary employees of CSFA; and WHEREAS, the temporary employment with CSFA is consistent with the aforesaid policies and procedures adopted by City; 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 authorizes its otherwise off -duty City Peace Officers to apply for temporary employment with CSFA subject to all of the terms and conditions of this Agreement, and further subject to each such City Peace Officer being available on the date(s) and at such time(s) specified by CSFA and not needed on such date(s) and at such time(s) by the City for regular or overtime City police work. (b) CSFA may obtain employment information regarding applicants for temporary employment as provided in this paragraph. CSFA shall first obtain a signed and notarized "authorization for release" of information, on the standard form furnished by City's Director of Personnel, from each City Peace Officer applicant. Upon submission of a copy of said release to City, by fax or other method of delivery, CSFA may obtain from City, by phone call or in person, the following information: a confirmation that the applicant is employed as a police officer by City and the date(s) of said employment. In addition, CSFA may submit a written request to review the City's complete personnel file (including personnel action forms concerning any disciplinary actions taken which are contained within said file) for said City Peace Officer, which request shall be granted by City subject to the following requirements: (i) CSFA shall submit with each request a copy of the completed authorization for release of information; and (ii) file inspection shall be pre- arranged with City's Director of Personnel for a convenient time during regular business hours which inspection shall occur within 3 business days of submission of the request. (c) Off -duty City Peace Officers are not required by this Agreement to apply for temporary employment with CSFA; 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 a temporary employee of CSFA. (d) There is no subparagraph (d). (e) Off -duty City Peace Officers, while employed by CSFA under this Agreement, shall be permitted to wear their official City uniform, firearm and related equipment authorized by City, without modification. (f) The parties agree that, to the extent provided by law, any injury, accident or sickness arising from or in connection with any off-duty City Peace Officer's employment by CSFA 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 CSFA in accordance with paragraph 3 (a) of this Agreement. (g) During their temporary employment by CSFA, off -duty City Peace Officers shall be under the control and supervision of the CSFA 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 federal, state and local laws. At no time shall CSFA direct or require off-duty City Peace Officers employed by CSFA to engage in a violation of such Standards of Conduct or said laws. CSFA acknowledges receipt of a copy of such Standards of Conduct prior to execution of this Agreement. Provided that CSFA provides City with not less than 30 days notice of the specified dates when off- duty Peace Officers are to perform work for CSFA, City shall provide CSFA with any updates to the Standards of Conduct not less than 3 business days before such work is to occur. 2. The parties hereto understand and agree that City Peace Officers may at any time -2- become needed by City for City's police function and may thereby become unavailable to CSFA for off -duty work, or at any time an off -duty City Peace Officer may be called back to City duty. This may occur, for example, as a result of an unanticipated police emergency, illness, unanticipated absences by officers scheduled to work, or similar unforseen circumstances. CSFA and City understand that before an off -duty City Peace Officer is released from his /her obligation to CSFA to report to City as provided under this paragraph 2, the off -duty City Peace Officer, in a critical situation or assignment, may be required to await relief and /or complete his /her response to a situation at the fairgrounds. In any such event, City and CSFA agree that they are not liable to each other nor are they obligated to each other as a result thereof. Notwithstanding the above, provided CSFA furnishes City with a list of its temporary employees who are off -duty City Peace Officers, City will endeavor to provide CSFA with advance notice when a need arises for off -duty City Peace Officers to be called back to City duty. 3. (a) CSFA acknowledges and agrees that each off -duty City Peace Officer who works for CSFA as a temporary employee shall, during such employment, be and constitute an employee of the CSFA and not of City. CSFA shall employ selected officers as temporary employees pursuant to the Colorado State personnel system and shall pay said officers pursuant to the Colorado State payroll system. As temporary employees of CSFA, the officers receive hourly pay, are required to participate in the Public Employee's Retirement Association (PERA) and are covered, to the extent provided by law, by the worker's compensation coverage of the State of Colorado, as defined in §24- 30- 1510.7, C.R.S., and the self - insurance of the State of Colorado, as defined in §24 -30 -1510, C.R.S. (b) CSFA agrees that CSFA, and not the City, shall be the employer responsible for the selection, hiring, orientation, training and supervision of all off -duty City Peace Officers in connection with their prospective employment by CSFA and while actually employed by CSFA. 4. CSFA and City each acknowledge that the provisions of the Colorado Governmental Immunity Act, § §24 -10 -101 through 120, C.R.S., applies to both CSFA and City and that nothing in this Agreement constitutes a waiver of any provisions of said Act. 5. 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, 2004. Either party to this Agreement may terminate the Agreement upon ten (10) days advance written notice to the other party; provided however, that such termination shall not be effective with respect to the next period during which the state fair and industrial exhibition is held in any year unless such notice is given by 5:00 o'clock p.m. on March 31 immediately preceding such period; and such termination shall thereafter terminate the Agreement with respect to the remaining term of the Agreement. Notwithstanding the termination of this Agreement, the rights and obligations of each of the parties under paragraphs 1(f), 2, 3 and 4 of this Agreement shall survive the termination of this Agreement. 6. (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. -3- (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. 7. Except as may be otherwise required by a provision of this Agreement, any and all notices or other communications required or permitted by this Agreement to be given to either party by the other party shall be in writing and shall be deemed given when personally delivered to the representative of the party to whom it is directed, or in lieu of such delivery, when deposited in the United States mail, first -class postage prepaid, addressed to the party at the address stated below. The parties' representatives and addresses are as follows: For the City: James W. Billings, Jr. Chief of Police 130 Central Main Pueblo, CO 81003 For the CSFA: Ed Kruse, Manager Colorado State Fair Authority 1001 Beulah Avenue Pueblo, CO 81004 Either party may change its designated representative or address at any time by providing written notice thereof to the other party. This Agreement consists of five (5) pages, including the signature page(s). 9. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to CSFA and City. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of CSFA and City that any such person or entity, other than CSFA or City, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 10. The persons signing this Agreement on behalf of the parties represent and warrant that such persons have the requisite power and authority to enter into, execute and deliver this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. N ATTEST: i APPROVED AS TO FORM: a City Attorne r: COLORADO STATE FAIR AUTHORITY APPROVED AS TO FORM: KEN SALAZAR Attorney General KATHIE TROUDT RILEY, 15941 Assistant Attorney General By 1L O. , Chairman, Colorado State Fai uthority Board ED KRUSE, Manager F: \FILES \CFM POLICE\ h1I SC \OTHRENIPL\FAIR \1999\AGNrr5.WPD -5- CITY OF PUEBLO,