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Home My WebLink About7458RESOLUTION NO. 7458 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: QFrTTnM I _ The Agreement between the City of Pueblo and the Senior Resource Development Agency, Inc. (SRDA) dated September 12, 1994, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. QFrTTOM 7 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: City- Clerk INTRODUCED: September 12, 1994 By SAMUEL CORSENTINO Councilperson APPROVED: Ye!ffident of the City Council TF 43.31 AGREEMENT THIS AGREEMENT is made and entered into this 12th day of September, 1994 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 $600,000 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 three years 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. It is specifically intended that this Agreement supersede any previous agreement between the parties concerning the subject matter of this Agreement. WHEREFORE, the parties hereto have executed this Agreement the day and year first above written. CITY OF PUEBLO By � A R. Lawrence esident of the City Council SENIO ESOU CE DEVELOPMENT AG Y, Stephen G. Nawrocki Executive Director [SEAL] ATTEST: Crf y Clerk APPROVED AS TO FORM: City Attor TJF 43.32 -3- D � p o �• W.A. (O U) YOUNG Chlef of PoNoe City of Pueblo ( D 180 central Mdn PuoW, CoWndo !1008 August 31, 1994 Lew Quigley City Manager #1 City Hall Place Pueblo, CO 81003 Dear Mr. Quigley: Attached for your review of the proposal concerning the City of Pueblo and the Agency, Inc. (SRDA). and consideration is a copy a renewal agreement between Senior Resource Development This agreement between the` City and the SRDA is already in effect. Previously, the agreement has been renewed for a one (1) year term. The proposed change will make the agreement (per paragraph 8) in effect for a three (3) year period. All the rest of the language in the paragraph will remain the same. This new agreement with SRDA would eliminate a yearly renewal and be beneficial to both the City and SRDA. If this meets with your approval, please let me know and we will supply the copies for City Council. Gam` �. W . A. `ung C f f Police