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RESOLUTION N0. 6714
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:
cFrmrnu i_
The Agreement between the City of Pueblo and the Senior
Resource Development Agency, Inc. (SRDA) dated April 8, 1991, 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.
INTRODUCED: April 22, 1991
By JOHN CALIFANO
Councilperson
ATTEST: APPROVED:
ty Clerk President of the City Council
TF 43.31
AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of
April, 1991 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 SEINI32fR RE URC VE _ � AGE C NC.
. 7
By By
Mi el Occhiato Step Nawrock
President of the City Council Execu ive Director
[SEAL]
APPROVED AS TO FORM:
City Att
LOPMENT
TJF 43.32 -3-