TC Res. No. 2008-48 Establishing procedures for designating authorized volunteers of the TOATOWN OF AVON, COLORADO
RESOLUTION NO. 08-48
SERIES OF 2008
A RESOLUTION ESTABLISHING PROCEDURES FOR
DESIGNATING AUTHORIZED VOLUNTEERS OF THE TOWN OF
AVON
WHEREAS, the Avon Town Council recognizes that volunteers are a
valuable community resource, and that the services of volunteers provide
a benefit to the Town; and
WHEREAS, the Town desires to establish a procedure for designating
authorized volunteers, in order to clarify the legal and insurance
protections applicable to such volunteers;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF AVON THAT,
Section 1. The Town of Avon shall maintain a written list of
persons who are authorized to serve as Town volunteers, and shall
maintain, in writing, a description of the responsibilities and.functions
to be performed for the benefit of the Town by each volunteer. Each
Town Department Head shall be responsible for providing the town with
an accurate and complete list of volunteers utilized by the department.
Section 2. Each authorized volunteer shall be under the
supervision and control of a Town Department Head or a Department
Head's designee at all times while acting for the benefit of the Town.
Section 3. Each person on the list referred to in Section 1 shall
be considered an "authorized volunteer" of the Town within the meaning
of the Governmental Immunity Act, C.R.S. §24-10-101 et sea., while
actually engaged in the performance of the volunteer's functions, and
shall be subject to the provisions of said Act for acts or omissions which
occur during the performance of and within the scope of such functions,
except for willful and wanton acts or omissions. Each person shall also
be considered an "assured" within the meaning of the Town's liability
coverages to the extent provided in such coverages.
Section 4. Because no authorized volunteer shall receive any
compensation from the Town, no such volunteer shall be considered an
"employee" within the meaning of the Colorado Workers' Compensation
Act, Articles 40 to 47 of Title 8, C.R.S.
Section 5. Each authorized volunteer, shall be afforded volunteer
accident medical coverage through CIRSA, and the Town shall pay the
annual premium for such coverage.
ADOPTED this 1 I th day of November 2008
SOWN OFq
G~2
Mayor
ATTES c~lpgADO. .
C
Town Cle k `
APPROVED AS ORM:
Town Atto e
• Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Director Administrative Services
Date: November 3, 2008
Re: Resolution No. 08-48 Approving Town of Avon Volunteer Program
Summary:
This Resolution formalizes the Town's Volunteer Program by outlining procedures for using and
tracking volunteers for coverage in an accident medical coverage plan. Currently Recreation uses
about 30 volunteers for special events and Police are using volunteers for administrative and
chaplain assistance.
Background:
The Town's insurance carrier, CIRSA, provided the draft documents from its legal department in
hopes that Avon would formally adopt the resolution which acknowledges its volunteer program.
Tami Tanoue, CIRSA's General Counsel, has written a white paper about managing the risks of
volunteers, in light of the fact that many local governments utilize them. Topics addressed included
1) Liability Issues & the "Governmental Immunity Act",-2) Insurance Issues, 3) Youthful Volunteers,
4) Compensating or rewarding the volunteer and 5) Municipal employees as municipal volunteers.
A checklist for ensuring the town is in compliance with their suggestions has been created to assist
staff in implementing its program; topics reviewed include the job descriptions, identification of
• supervisor, training, VAMP program, sign release of liability form, check age of volunteers, check
driving records, ensure that volunteer is not already employed with town.
Staff continues to try to enhance its risk management program by ensuring appropriate policies and
procedures are adopted; consideration of this resolution by Council helps us achieves these goals.
Discussion:
The volunteer accident medical plan provides a limited about of medical and accidental death and
dismemberment coverage for non-statutory volunteers who are not covered by the Colorado
Workers Compensation Act and who do not receive monetary remuneration. Staff does ask that the
volunteer sign a release / indemnification form at the time of engagement.
Financial Implications:
The town covers the premiums related to this coverage and it is based on the number of actual
participation claims. Since I have been overseeing the risk management program, there have been
no claims on volunteers.
Town Manager Comments:
Attachments:
➢ Resolution No. 08-47 Establishing Procedures for Designating Authorized Volunteers of the
Town of Avon
• ➢ Release/ Indemnification for Volunteer Activities
TOWN OF AVON, COLORAOD
RESOLUTION NO. 08-48
SERIES OF 2008
A RESOLUTION ESTABLISHING ' P'ROCED'URES FOR
DESIGNATING AUTHORIZED VOLUNTEERS OF THE TOWN OF
AVON
WHEREAS, the Avon Town Council recognizes that volunteers are a
valuable community resource,. and that the services .of volunteers provide
a benefit to the Town; and
WHEREAS, the Town desires to establish a procedure for designating
authorized volunteers, in order to clarify the' legal and insurance
protections applicable to such volunteers;
NOW,, THEREFORE,, BE -IT RESOLVED :BY THE 'TOWN COUNCIL
OF THE TOWN OF AVON THAT,
Section 1. The Town . of Avon shall maintain a written list of
persons who are authorized to serve as Town volunteers, and shall
maintain, in writing, a description of the responsibilities and functions
to. be performed for the benefit of, the ,:Town by each volunteer. Each
Town Department Head shall be r,esponsiWe for providing the town with
an accurate and complete list of volunteers,.uti,lized by the department.
Section 2.. Each authorized volunteer shall be under the
supervision and control of a - Town.: Department .Hdad or.. a Department
Head's designee at all times. while acting.fpr.the benefit of the Town.
Section 3. Each person .on the list referred to in Section 1 shall
be.considered an `'authorized ,volunteer" of the. Town within the meaning
of the Governmental..Imm,unity Act, C.R.S. §24-10-I~0_l... et-seg.,. while
actually engaged in. the performance. of the volunteer's .;functions,' and
shall be subject to,.the.,provisions of said Act for acts,or.omissions which
occur during the performance of and within the scope of such functions,
except for willful and wanton acts or omissions: Each person shall:also
be considered an "assured" within the meaning of the Town's . liability.
coverages to the extent provided in such coverages..
Section 4. Because no authorized volunteer shall receive any
compensation from the Town, no such volunteer shall be considered an
"employee" within the meaning of the Colorado Workers' Compensation
Act, Articles 40 to 47 of Title 8, C.R.S.
Section 5. Each authorized volunteer,::sha_l.l be Afforded volunteer
accident medical coverage through CIRSA, and the Town shall pay the
annual premium for such coverage.
•
is
0
ADOPTED this 11th day of November 2008
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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2
VOLUNTEER ACTIVITIES
RELEASE/INDENNIFICATION - CITY/TOWN OF
~7_
I. RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT:
PARTICIPANT MUST READ CAREFULLY BEFORE SIGNING
In consideration for being permitted to perform the below-described volunteer activities for the
City/Town of , I hereby acknowledge, represent, and agree as follows:
A. I understand that said activities are or may be dangerous and do or may involve
risks of injury, loss, or damage. I further acknowledge that such risks may include but not be
limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage. I
acknowledge that such risks may arise from a variety of foreseeable and unforeseeable
circumstances connected with the use of the activities, including but not limited to the following
risks [City/Town must revise this form to identify the specific activities and applicable risks
below] :
Activities to be performed:
Risks of such activities include but are not limited to:
(Participant initials here)
(If Participant is under 18 years old, Parent initial here)
B. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I
hereby expressly assume all such risks of injury, loss, or damage to me or to any third party
arising out of or in any way related to the above-described activities, whether or not caused by
the act, omission, negligence, or other fault of the City/Town, its officers, its employees, or by
any other cause.
(Participant initials here)
(If Participant is under 18 years old, Parent initial here)
C. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I
further hereby waive, and exempt, release, and discharge the C_ ity/Town, its officers,. and its
employees from, any and all claims, demands, and actions for such injury, loss, or damage,
arising out of or 'in any way related to the above-described activities, whether or not caused by
the act, omission, negligence,, or other fault of the City/Town, its officers;.its employees, or by
any other cause, excepting only the' willful and wanton conduct of the Town's officers or
employees.
(Participant initials here)
(If Participant is under 18 years old, Parent initial here)
D. I further agree to defend, indemnify and hold harmless the City/Town, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims; and demands,
including any third party claim asserted against the. City/Town, its officers, employees, insurers,
or self-insurance pool, on account of injury., loss, or damage, including without limitation claims
arising from bodily. inj ury, personal injury, 'sickness, disease.. death, property loss or damage, or
any other loss of any kind whatsoever, which arise out of or,are in any way related to the above-
described activities, whether or not caused by my act, omission, negligence, or other fault, or by
the act, omission, negligence, or other fault of the City/Town, its officers, its employees, or by
any other-cause, excepting only the willful and wanton conduct of the Town's officers or
employees.
(Participant initials here)
(If Participant is under 18 years old, Parent initial here)
E. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, -I
hereby acknowledge and agree that said AGREEMENT, extends to all acts, omissions,
negligence, or; other fault of the City/Town, its officers, and/or its employees, and that said
AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State
of Colorado. If any portion hereof.is held invalid,.it is further agreed that the balance shall,
notwithstanding, continue in full legal force and effect.
(Participant initials here)
(If Participant is under 18 years old, Parent initial her .
F. I understand and acknowledge that the City/Town;, its officers, and its employees
are relying on, and do not waive or intend to waive by any provision of this RELEASE AND
INDEMNIFICATION AGREEMENT; the monetary limitations (presently $150,000 per
person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et ae as amended, or
otherwise available to the City/Town, its officers, or its employees.
(Participant initials here)
(If Participant is under 18 years old, Parent initial here)
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•
G. I understand. and agree that this RELEASE AND. INDEMNIFICATION
AGREEMENT shall be governed by the laws of the State of Colorado, and that jurisdiction and
venue for any suit or cause of action under this Agreement shall lie in the courts of
Colorado.
(Participant initials here)
(If Participant is under 18 years old, Parent initial here)
H. This RELEASE AND INDEMNIFICATION AGREEMENT. shall be effective
as of the date set forth below and shall be binding upon me, my successors, representatives,
heirs, executors; assigns, and transferees.
(Participant initials here)
(If Participant is under 18 years old, Parent initial here)
II. PARTICIPANT SIGNATURE AND DATE:
Participant— Print Name:
Participant's Signature:
Date of Signature:
III. IF PARTICIPANT IS. UNDER 18 YEARS OLD, PARENT SIGNATURE AND DATE_ _
By initialing above and signing below, I acknowledge that I am the
Y g leg ~ parent of the above-named
Participant "as the term "parent" is defined in C.R.S. Section 13-22-107(2)(b), and I hereby waive
and release any prospective claim of the Participant against the City/Town, its officers, and its
employees for.negligence, to the extent provided in C.R.S. Section 13-22-107(3),.in connection
with the above-described activities.
Parent -Print Name:
Parent's Signature:
Date of Signature:_
PREPARED NOVEMBER 8, 2004