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HomeMy WebLinkAbout6345RESOLUTION NO 6345 A RESOLUTION APPROVING AN AGREEMENT WITH THE STATE OF COLORADO JUDICIAL DEPARTMENT AND AUTHORIZING EXECUTION OF SAME that: BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, SECTION 1. The Agreement date 0 1989 between the City of Pueblo and the State of Colorado for the use and benefit of the Judicial Department relating to useful public service ( "Agree- ment"), 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 for and on behalf of the City and the City Clerk to attest to same. ATTEST: City Clerk Introduced March 27 , 1989 By MIKE OCCHIATO Councilman APPROVED: Pr�,s ident of the Council AGRRRMRNT THIS AGREEMENT is made and entered into this 27th day of March, 1989, by and between the State of Colorado fog the use and benefit of the Judicial Department (hereinafter "Judicial Department ") and the City of Pueblo, a Municipal Corporation (hereinafter "City "). WHEREAS, the Probation Department in the 10th Judicial District is empowered to exercise supervision, control and direction of the useful public service program within Pueblo County, Colorado for certain offenders pursuant to C.R.S. Section 42 -4- 1202(4); and WHEREAS, the sentencing courts within the Judicial Department may establish, supervise, control and direct community or useful public service programs; and WHEREAS, the sentencing courts within the 10th Judicial District are desirous of placing offenders participating in the useful public service program with the City so that participants may perform work beneficial to the public at minimal public cost as required by C.R.S. Sections 42 -4-1202, 16 -11 -701 and 18- 1- 106(2); and WHEREAS, the City has available work of benefit to the public which would otherwise not be perormed by public employees or others, and therefore is willing to participate in the program. NOW, THEREFORE, in consideration of the promises hereinafter set forth and the protections afforded by C.R.S. Sections 42 -4- 1202(4) and 16 -11 -701, the parties hereto enter into this Agreement and hereby state and agree as follows: 1. This Agreement is entered pursuant to the authority of C.R.S. 29 -1 -203 and C.R.S. Sections 42 -4- 1202(4) and 16 -11 -701, and each party warrants that it has independent legal authority to pro- vide the function, service or facility and meet the commitments contemplated within and the subject of this Agreement. 2. This Agreement is not intended to, nor should it be construed to, create or extend the legal responsibilities of the parties hereto to any program participant or third party, nor to create or extend any rights or remedies to said participants or third parties. 3. City agrees, subject to the conditions herein set forth, to assign useful public service program participants to perform work for and benefiting the City and its residents: (a) Judicial. Department shall refer to such City per- sonnel as may be designated in writing by the City Manager of City (hereinafter "City Administrators ") only those participants in the program sentenced by courts within the 10th Judicial District and required to perform useful public service pursuant to the provisions of C.R.S. Sections 42 -4 -1202 or 18 -1- 106(2). (b) Judicial Department and City Administrators shall consult and whenever possible attempt to have participants perform work which may utilize any special skills, training and background of the participants and serve a useful function of benefit to the City and community. (c) Judicial Department shall not refer for service any convicted felon, nor any violent offender or any participant who does not meet City criteria established by City Administrators. Tender of guilty plea to a felony or crime of violence upon deferred sentence shall be considered a conviction for purpose of this Agreement. City shall retain the right, with or without cause, to refuse to accept or assign any program participant that City finds unacceptable. (d) City reserves the right to assign or reassign parti- cipants 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 parti- cipant. (e) City shall through its employees provide supervision of participants, complete time sheets indicating the durations of work performed by participants and make such reports to .judicial Department concerning the time and performance of the participants as Judicial Department may reasonably require. (f) City shall not be responsible for transportation of participants to or from the work place or provide any mileage or other reimbursement or compensation to either Judicial Department or the participant. (g) City shall not allow any participant to work if it is or becomes apparent to the City supervisors that the participant is under the influence of alcohol or drugs, whether prescribed or illicit. (h) Judicial Department agrees to obtain and provide at its expense workmen's compensation coverage for program partici- pants. 4. Judicial Department shall provide public liability insur- ance to cover participant performing useful public service under this Agreement, which policy shall have limits of coverage of not less than $400,000 per occurrence and aggregate. The City of Pueblo, its officers, agents and employees shall be named as additional insureds under said policy. 5. No person performing work for the City as a participant 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 participants. The City expressly states that it does not elect to -2- provide Workmen's Compensation Coverage for such participants and neither the City nor its Workmen's Compensation Insurance carrier shall be responsible for any benefits thereunder. 6. Judicial Department agrees to indemnify, defend and hold,t City harmless from all claims, demands, actions, judgments and costs, including attorney fees, arising from this -A g rommomb, the performance or nonperformance of work b participants hereunder and from any tortious acts or omissions by. said participants or by any employees of Judicial Department. /Ing- 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 mot3ification of any term of this Agreement, nor estop the City from asserting or enforcing any term of this Agreement. All modifica- tions 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 cz -ts approval by the City Council and Judicial Department and shall terminate one year thereafter unless extended by subsequent agree- - mant or terminated earlier as provided herein. 9. This Agreement may be terminated by either party upon. 90 days prior written notice to the other party. Notice shall be deemed given when mailed via first class mail to the City addressed to City Manager, 1 City Hall Place, Pueblo, Colorado, 81003, and to Judicial Department addressed to: The Hon. Richard D. Robb, Judicial Building, 10th & Grand, Pueblo, Colorado, 81003. 10. Judicial Department's obligations under this Agreement to indemnify City shall survive any termination of the Agreement. 11. This Agreement is intended as the complete integration of all understandings between the parties and no prior or contemporane ous agreement, understanding or promises of any kind shall be of any force or effect whatsoever. 12. City and Judicial Department agree that in any dispute or litigation among themselves neither party will assert the invalidity or unlawfulness of this Agreement, nor raise such assertion as a defense. WHEREFORE, the parties hereto have executed this Agreement the day and year first above written. CITY OF PUEBLO STATE OF COLORADO By for the President of the City Council tate Court Administrator -3- ATTEST: 11 JUDICIAL DEPARTMENT APPROVAL: DISTRICT COURT, 10TH JUDICIAL City Clerk DISTRICT APPROVED AS TO FORM: __11 By rd D. r� y City Att - C ief District Judge TF 30.28 -4-