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Home My WebLink About6396RESOLUTION NO. 6396 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND SENIOR RESOURCE DEVEL- OPMENT AGENCY, INC. AND AUTHORIZING EXECUTION THEREOF BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: CV0MTnTAT 1 The Agreement between the City of Pueblo and the Senior Resource Development Agency, Inc. (SRDA) dated June 12, 1989, 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 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: INTRODUCED: June 12 , 1989 By MIKE OCCHIATO Councilman APPROVED: Ci y Clerk P esident of the City Council AGREEMENT THIS AGREEMENT is made and entered into this 12th day of June, 1989, 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 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. 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 volunteer or third party, nor to create or extend any rights or remedies to said volunteers or third parties. 3. 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 appro- priate 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 to (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. 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 $400,000 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 Workmen's Compensation Insurance as required by law. 5. 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 Workmen's Compensation Coverage for such volunteers and neither the City nor its Workmen's Compensation Insurance carrier shall be responsible for any benefits thereunder. 6. SRDA agrees to indemnify, defend and hold City harmless from all claims, demands, actions, judgments and costs, including attorney fees, arising from the performance of this Agreement, the performance or nonperformance of work by volunteers hereunder and from any tortious acts or omissions by said volunteers or by SRDA. 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, 1 City Hall Place, Pueblo, -2- Colorado, 81003, and to SRDA addressed to 228 N. Union Avenue, Pueblo, Colorado, 81003. 10. This Agreement is intended as the complete integration of all understandings between the parties and no prior or con- temporaneous 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 SENIO SOURCE DEVELOPMENT AGE Y, IN)C Ke neth F. Hunter Steph n G. Nawrocki President of the City Council Executive Director [SEAL] ATTEST: C erk APPROVED AS TO FORM: City Attierney TJF 31.46 -3- V Pueblo Senior Citizen Resource Development & Coordinating Agency Inc. 228 N. Union Avenue • Pueblo, Colorado 81003 • (719) 545 -8900 June 6, 1989 Kenneth Hunter President of the City Council #1 City Hall Place Pueblo, Colorado 81003 Dear Mr. Hunter; Please place the attached Resolution and Agreement on the agenda for the City Council meeting of June 12, 1989. This Resolution and Agreement is between the City of Pueblo and the Senior Citizens Resource Development and Coordinating Agency (SRDA). This Agreement is in reference to the SRDA Volunteer Program which is stationed at the Pueblo Police Department. The volunteers work under the supervision of Capt. Loren Coates and work in the Complaint office and the Communications and Records Department. The volunteers not only take complaints over the phone but also work in compiling statistical information and other clerical duties. The program has become successful and beneficial to the Police Department, to the community and of course to the volunteers. Your approval on this matter is appreciated. �tncerely, Stf h n G. Nawrocki Execu ive Director cc: Gloria Valdez, RSVP Coordinator Capt. Loren Coates, Pueblo Police Department United way A United Way Agency