HomeMy WebLinkAbout09132RESOLUTION NO. 9132
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND SENIOR RESOURCE DEVELOP-
MENT AGENCY, INC. AND AUTHORIZING THE PRESIDENT
OF THE COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The agreement between the City of Pueblo, a Municipal Corporation ( "City ") and the Senior
Resource Development Agency, Inc. (SRDA) dated October 10, 2000, 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 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.
ATTEST:
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INTRODUCED: October 10, 2000
By Al Gurule
Councilperson
AP VED:
President of the City Council
AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of October, 2000 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 time 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 foregoing and 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. 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.
(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 reasonably 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.
(e) SRDA shall have the right at any time (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.
3. No person performing work for the City as a volunteer hereunder shall be considered
an employee of the City 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 Workers' Compensation
Coverage for such volunteers and neither the City nor its Workers' Compensation Insurance carrier
shall be responsible for any benefits thereunder.
4. SRDA shall provide public liability insurance to cover volunteers performing volunteer
service under this Agreement, which policy shall have limits of coverage of not less than $600,000
per occurrence and aggregate for both personal injury and property damage. The City of Pueblo, its
officers, agents and employees shall be named as additional insureds under said policy, and a
certificate of such insurance shall be filed with the City's Director of Finance. To the extent SRDA
pays or compensates the volunteers in any manner, they shall at all times be deemed employees of
SRDA and not of City, and SRDA shall provide Workers' Compensation Insurance as required by
law.
5. 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.
6. Except as expressly provided in this Agreement, nothing in this Agreement is intended,
nor should it be construed, to create or extend any rights, claims or benefits or assume any liability
for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred
under or by virtue of federal or state law, including but not limited to the Colorado Governmental
Immunity Act, C.R.S. §24 -10 -101, et se .
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 enforcing
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.
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, I City Hall Place, Pueblo, Colorado, 81003, and to SRDA addressed
to 230 N. Union Avenue, Pueblo, Colorado, 81003.
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10. This Agreement is intended as the complete integration of all understandings between
the parties and no prior or contemporaneous agreement, 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
Y
President of the City Council
SENIOR RESOURCE DEVELOPMENT
AGENCY, INC.
By
Executive erector
[SEAL]
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APPROVED AS TO FORM:
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City Attorn
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