Loading...
HomeMy WebLinkAbout09054RESOLUTION NO. 9054 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 July 1, 2000 ( "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 2000 Budget for the Police Department, from Account No. 715- 0000 -590. 68 -01 DE4768. 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: July 10, 2000 By Patrick Avalos Councilperson ATTEST: City C k APPROVED- President of the City Council 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: June 26, 2000 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 converged to an office. District #60 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 1 st day of July, 2000 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 and Rule KF -R, 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 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 to extent allowed by law. III. TERM /TERMINATION Unless sooner terminated as provided herein, this Agreement shall commence the day and year first written above, and terminate June 30, 2001. Any party, at anytime, 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. 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. -3- 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: and Central High School Attn: Principal 216 E. Orman Avenue Pueblo, CO 81004 Telephone: (719)549 -7304 If to the District: Pueblo School District No. 60 Attn: Superintendent 315 W. I 1 th Street Pueblo, CO 81003 Telephone: (719)549 -7100 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 i h By - Jack ink Pres' ent, Board of Education for School District No. 60 CITY O - PUEBLO,- a ni pal Corpor n By President of the City Council Atiest: City rk Approved as to form: City Atto ME