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
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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
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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-