HomeMy WebLinkAbout8834RESOLUTION NO. 8834
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 District No. 60 ( "District ") and the City of Pueblo,
a Municipal Corporation dated October 25, 1999 ( "the Agreement ") relating to the use of the
District's facilities for conducting the DARE Program, a true copy of which is attached hereto ,
having been approved as to form by the City Attorney, is hereby approved.
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.
SECTION 3
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: October 25, 1999
By John Verna
Councilperson
ATTEST:
Cry CI {
APP VED:
�, 1h 4 /, -
P esident of the City Council
F \CITY\POLICE\DARE \RESOLUTI.WPD -2-
COUNCIL AGENDA
BACKGROUND INFORMATION
TITLE: An agreement between the City of Pueblo and School District #60 to
provide office space at Central High School for the Pueblo Police
Departments Metro DARE Unit.
Department: Police Date: October 25, 1999
Issue:
Should the Police Department accept and utilize office space at Central
High School for its Metro DARE Unit
Recommendation:
Background:
The Police Department recommends approval of this agreement.
The Police Department, because of the lack of office space at the Police
Department, needs office space for the Pueblo Metro DARE Unit. District
#60 has offered a room at Central High School that can be converted to an
office. District 960 has agreed to provide this room to the Metro DARE
Unit.
Financial Impact:
District #60 is offering this space at no cost to the City of Pueblo.
AGREEMENT
THIS AGREEMENT is made and entered into this 14th day of December, 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 employee 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
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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, 2000. 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.
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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. 1 lth 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 ' " '� By
Jac k ink
Pros' ent, Board of Education
for School District No. 60
CIT F PUEBLO,
a VunVipal CorporA�i
rr 1 17-41 1 it/ "
dent of the City Council
Attest:
City rk
Approved as to form:
. City AttorneyV
M
- A l
PUEB ss �
sc;��L2 �.-i�.�{� Policy and Procedures
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.
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.
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.
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
a. 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 6 as an insured party and submit it to the
associate •superintendent of business one week prior to the event.
3. Denial of requests
a. 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
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 office(s) 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.
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(5) Assistant superintendent for auxiliary services: Extended rental agreements may
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.
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.
f. 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.
i. 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.
r�
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 et 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
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Pt�EB[ 9
Polic * 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, 7 -985
LEGAL REF.: C.R.S. 22 -32 -110 (1) (f)
CROSS REF.: EDC, Authorized Use of School -Owned ` and
Equipment
Pueblo School District No. 60, Pueblo, Colorado
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