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HomeMy WebLinkAbout09798ORDINANCE NO. 9798 AN ORDINANCE APPROVING A LETTER OF INTENT AGREEMENT WITH THE VETERANS LOCAL GOVERNMENT MANAGEMENT FELLOWSHIP PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Letter of Intent Agreement with the Veterans Local Government Management Fellowship Program (the “Agreement”), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or desirable to implement the transactions described therein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 13, 2020. Final adoption of Ordinance by City Council on October 26, 2020 . President of City Council Action by the Mayor: ☒ Approved on October 30, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Barb Huber, Fire Chief SUBJECT: AN ORDINANCE APPROVING A LETTER OF INTENT AGREEMENT WITH THE VETERANS LOCAL GOVERNMENT MANAGEMENT FELLOWSHIP PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUMMARY: The proposed Ordinance approves a transitional fellowship agreement between the City of Pueblo and the Veterans Local Government. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The proposed agreement would be put into place as a part of a bridge program for military personnel preparing to leave the military. The program would allow these individuals an opportunity to become familiar with City government, processes, and positions. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: None. RECOMMENDATION: City Administration recommends approval of the Ordinance. Attachments: Agreement INTERNATIONAL CITY/COUNTY ! Cu& v `� S C 7'/N Capitol Sl_NE.Ste SOO VV{,Jiro;tun,UC 20002-4201 202.>62.3680 202962.3`;00(I) is 111:3.(,1 F, Intent to Host a Veterans Local Government Management Fellow Overview The Veterans Local Government Management Fellowship is a 16 to 20-week Department of Defense Military Skillbridge Program that provides transitioning service members with management training and hands-on experience in the local government environment to prepare them for smooth transitions into local government careers. This program will match eligible and selected fellows with surrounding local government sponsors based on skills, education, experience, and the preferences of both parties. Intent This document signifies that the Pueblo Fire Department acting by and through the City of Pueblo, Colorado, will participate in good faith as a host community for the Veterans Local Government Management Fellowship (VLGMF) Program. We recognize the need to identify and develop the next generation of talented individuals to assume management positions within the local government profession and we want to support Veterans as they transition out of the Armed Services and into the civilian workforce. By submitting this application, we agree to provide transitioning Veterans with an enriching learning and professional development experience and to follow the guidelines set forth below. Guidelines AS A LOCAL GOVERNMENT PARTICIPATING IN THE VLGMF PROGRAM, WE AGREE TO FULFILL THE OBLIGATIONS OF HOSTING A FELLOW BY PROVIDING FOR THE FOLLOWING: 1. Assign a mentor to the Fellow who will, for the duration of the Fellowship, be the Fellow's primary point of contact and coach while the Fellow is in our jurisdiction; the mentor may be the CAO, a deputy, or senior assistant manager or department head, but not necessarily the Fellow's direct day-to-day supervisor. 2. Schedule feedback sessions with the mentor to provide the Fellow with a chance to questions, review resumes, and seek career advice. 3. Give the Fellow the opportunity to work with the staff and partner organizations to coordinate efforts for the community. 4. If circumstances allow, the Fellow will complete the LG 101 Certificate within the first two weeks of the Fellowship. If this is not possible, allow time each week for the Fellow to complete the ICMA LG 101 certificate. 5. Provide professional development or educational courses as available. 6. Allow the Fellow the time to attend the Annual Conference (if it occurs during the Fellowship) and to arrive early to attend any Veterans events. 7. Allow the Fellow the time to attend the Regional Conference (if it occurs during the Fellowship). 8. Provide the Fellow the time to schedule and attend the appointments necessary for their retirement process. ADDITIONALLY: • We will prepare and submit to ICMA a work plan (job/rotation description https://icma.org/building-veteran-fellow-work-plan) by the time we interview a perspective Fellow. The purpose of the plan is to create an enriching professional learning experience for the Fellow. a We understand that the Fellowship is a 16-20 week commitment. • We understand that we will be asked to participate in surveys at the end of each Fellowship that will strengthen the program in the coming years. HOST CONDITION. As a condition of acceptance of a fellow, the fellow shall be required to sign the release document, a copy of which is attached hereto and labelled Exhibit 1 (the "Release"). All terms and conditions of this Letter of Intent are subject to the terms of the Release. The undersigned agrees to participate in the VLGMF Program based on the criteria listed in this document. By signing and submitting our Letter of Intent, our primary contact/approving administrator designates this letter as an agreement to participate in this program. This Letter of Intent secures our participation as a host government in the VLGMF Program but does not require us to host a Veterans Local Government Management Fellow. -7(e.4sZed Nicholas A. Gra Isar, Mayor City of Pueblo, Colorado Contact Information for City: Barb Huber, Fire Chief, (719) 553-2825, bhuber@pueblo.us 1CM/A EXHIBIT 1 ACKNOWLEDGEMENT, ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND AGREEMENT In consideration of the City of Pueblo ("City") permitting undersigned (herein the "Volunteer") to participate in the City's approved Veterans Local Government Management Fellowship Program ("City's VLGMF Program"), Volunteer acknowledges and agrees as follows: 1. I am required to comply with all laws, rules, regulations and policies of the Fire Department and the City's VLGMF Program. 2. I understand that I am not covered by Worker's Compensation Insurance and that my participation in the City's VLGMF Program may be terminated at any time at the sole and absolute discretion of the City. 3. The activities related to the City's VLGMF Program, Volunteer's presence in buildings, properties, and vehicles owned or operated by the City ("Facilities") and Volunteer's presence in the field all involve a risk of serious physical injury, death, psychological injury, and property damage or loss to Volunteer from various sources, including but not limited to slipping, tripping, falling, assault, battery, automobile collisions, theft, theft from vehicles, witnessing assaults and injuries to other persons, and many other sources. 4. The City and its officers, employees, agents, and independent contractors, ("Released Parties") make no representations, promises or guarantees as to the quality, standard, safety, or fitness of their Facilities or the locations in the field where City's VLGMF Program activities occur, for any purpose whatsoever, including but not limited to walking, driving motor vehicles, parking, observing, or other City's VLGMF Program activities. 5. The Released Parties make no representations, promises or guarantees as to the availability, sufficiency, quantity, quality, standard, or fitness of any safety measures that may or may not be present at the Facilities or in the field, including but not limited to snow clearing, salting, and sanding of parking lots and sidewalks, traffic controls and parking lines, instruction, equipment, supervision, first aid, or other personnel and devices to promote safety, prevent injuries, or treat injuries. 6. The Released Parties do not assume or undertake any duty of care or safety toward Volunteer, including but not limited to any duty to prevent injury, death, or property damage or loss to Volunteer or to make the Facilities or nay location in the field reasonably safe for Volunteer's presence, use or activities. The Released Parties expressly disclaim any such duty. Volunteer is solely responsible for his or her own safety and care. 7. Volunteer freely and voluntarily assumes the risks of being present in the Facilities, being present in the field, and participating in the City's VLGMF Program activities, and assumes full and sole responsibility for any physical injuries, psychological injuries, death, or property damage or loss to Volunteer that may result from Volunteer's presence in the Facilities,presence in the field, or participation in City's VLGMF Program activities. CMA 8. Volunteer shall remove himself or herself from any persons, activities, situations, or objects that Volunteer perceives or believes to be dangerous. Volunteer shall comply with the rules of each Facility, the City's VLGMF Program, and any instructions given to Volunteer by any Fire Department staff. Volunteer shall take precautions for his or her own safety based upon and any warnings given to Volunteer. 9. Volunteer forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the Released Parties in any court or tribunal, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer, related to or caused by the Released Parties, other persons, the Facilities, or any object, thing, or activity in any Facilities or in the field, in any way arising from or related to the City's VLGMF Program. 10. Volunteer shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer related to or caused by the Released Parties, other persons, the Facilities, or any object, thing, or activity in the Facilities or in the field, in any way arising from or related to the City's VLGMF Program. 11. Volunteer shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorneys fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer, related to or caused by the Released Parties, other persons, the Facilities, or any object, thing, or activity in the Facilities or in the field, in any way arising from or related to the City's VLGMF Program. 12. This Acknowledgement, Assumption of Risk, Waiver, Release, Covenant Not to Sue, Indemnification, and Agreement shall be binding on Volunteer and his or her heirs, personal representatives, executors, assigns, guardians, conservators, next friend, and attorneys. I HAVE READ THE FOREGOING ACKNOWLEDGEMENT, ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND AGREEMENT. I UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY COERCION OR INDUCEMENT OTHER THAN THE CONSIDERATION STATED IN THE AGREEMENT. VOLUNTEER'S NAME (PLEASE PRINT) VOLUNTEER'S AGE VOLUNTEER'S SIGNATURE DATE SIGNED ICM/