Resolution 2008-25 - Laserfiche WebLink

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City Attorney Sam Light Light Harrington & Dawes 1 S 12 Larimer Street Suite 300 Denver, CO 80202 4. TERM OF AGREEMENT: The term of the Agreement shall commence as of January 1, 2008 and terminate on December 31, 2048, or the last date by which funds pursuant to the DNC Grant must be requested, whichever is later. The Agency shall provide personnel during mutually agreed upon times during the term of the agreement and will provide core services and resources for operations in preparation for and during the DNC, as described in Exhibit I3. The period from August 23, 2008 through August 29, 2008 is referred to in the exhibits to this Agreement as the "Convention Core Period." 5. MUTUAL BENEFITS TO PARTIES; CONSIDERATION: Other than those payments made from appropriations by the Federal government pursuant to the DNC Grant, consideration for this Agreement shall benon-monetary and shall consist of enhanced public safety and improved law enforcement activity in the Denver metropolitan area in preparation for and during the UNC, and other mutual benefits through the cooperative efforts of the parties under this Agreement. The maximum amount reimbursable to the Agency pursuant to this Agreement, based upon the parties' estimate of Agency personnel required for the DNC is Fifty-Fight Thousand Seven Hundred Forty-Three and 86/100 U.S. Dollars ($58,743.86), inclusive of all approved costs and maximum contract reimbursement, as set forth in Exhibit B. It is understood and agreed that al~y payment obligation of any of the parties hereunder, whether direct or contingent, and far any claimed purpose whatsoever, shall extend only to funds appropriated by the governing body of such party, encumbered for the purpose of the Agreement acid paid into the treasury of the party. 6. STATUS OF AGENCIES: It is understood a11d agreed by and between the parties that the status of the Agency shall be that of an independent political subdivision and it is not intended, nor shall it be construed, that any party or any officer, employee, or agent of the Agency is an officer, employee, loaned employee, or agent of the City for purposes of unemployment compensation, workers' compensation, governmental immunity or for any purpose whatsoever unless otherwise provided herein. Except to the extent covered by the insurance policy acquired by the City as referenced in Section 12 herein, each party acknowledges that it remains fully responsible for any and all obligations as the employer of its officers or other personnel assigned to the DNC, including, arnang other things, responsibility for the payment of the earnings, overtime earnings, withholdings, insurance coverage, workers compensation, medical and legal indemnity where appropriate, and all other requirements by law, regulations, ordinance, or contract. For purposes of workers' compensation, the Agency's employees will remain employees of the Agency and that, in the event the City is deemed a "statutory employer" of the Agency's employees under C.R.S ~ 8-41-401(1), the City will maintain immunity from tort lawsuits pursuant to the exclusive remedy provisions of the Worker's Compensation Act of Colorado. Notwithstanding the above, Agency officers performing services pursuant to this Agreement (i) will abide by the DPD's use of force and crowd management policies, a copy of which has been provided to Agency if performing crowd management functions, and (ii} may be removed from duty at the DNC by order of the Commanding Officer.