Loading...
HomeMy WebLinkAbout13537 RESOLUTION NO. 13537 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SENIOR RESOURCE DEVELOPMENT AGENCY - MEALS ON WHEELS, FOR THE USE OF CERTAIN PREMISES AT THE EL CENTRO RECREATION CENTER, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Memorandum of Understanding between the City of Pueblo, a Municipal Corporation, and the Senior Resource Development Agency – Meals and Wheels Program dated October 11, 2016, 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 City Council is hereby authorized and directed to execute the Memorandum of Understanding on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. SECTION 3: The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Memorandum of Understanding to effectuate the transactions described herein. SECTION 4: This Resolution shall become effective immediately upon passage. INTRODUCED: October 11, 2016 BY: Robert Schilling Councilperson APPROVED: VICE-PRESIDENT OF CITY COUNCIL ATTESTED BY: City Clerk’s Office Item # M-4 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: October 11, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Parks and Recreation SUBJECT: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SENIOR RESOURCE DEVELOPMENT AGENCY - MEALS ON WHEELS, FOR THE USE OF CERTAIN PREMISES AT THE EL CENTRO RECREATION CENTER, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME SUMMARY: This Resolution will approve a partnership between the El Centro del Quinto Sol Recreation Center and the Senior Resource Development Agency to serve as a congregate meal site for its Meals on Wheels Program beginning this fall. PREVIOUS COUNCIL ACTION: None BACKGROUND: Representatives of the Senior Resource Development Agency – Meals on Wheels program met with staff back in July 2016 to discuss the potential for the El Centro del Quinto Sol Recreation Center being a host site for SRDA’s congregate meal program for a minimum of two times per week. The SRDA program would serve lunch on site to seniors in the El Centro neighborhood during specified hours to be determined. FINANCIAL IMPLICATIONS: Majority of the costs associated with El Centro del Quinto Sol hosting the SRDA Congregate Meals Program will be the responsibility of the SRDA Meals on Wheels Program. The City will provide space for the serving of the meals as well as access to the kitchen area in the center. The City will provide SRDA access to the center’s tables and chairs as well as a one staff to open and oversee the facility during the time of set-up, program distribution, and clean-up as well as restroom maintenance during the program. SRDA will be responsible for all other costs associated with the program including Health Department Inspections and equipment upgrades. BOARD/COMMISSION RECOMMENDATION: Members of the El Centro del Quinto Sol Advisory Committee have recommended entering into this partnership for the benefit of the East Side neighborhood. STAKEHOLDER PROCESS: None ALTERNATIVES: Council could remove the Resolution from the agenda and not offer the SRDA Congregate Meals program at the center. RECOMMENDATION: Approval of the Resolution. PROPOSED MOTION: This Resolution will be placed on the Consent Agenda. Attachments: MOU D. SRDA shall be responsible for any damage to the property or equipment caused by its employees, volunteers, agents, or the customers served. E. SRDA agrees to prepare and provide lunch meals to older adults within the community at El Centro and work with the Health Department for food safety inspections. SRDA will be financially responsible for Health Department inspections. INSURANCE: During the term of this MOU, SRDA shall provide to City a current certificate of policy evidencing its comprehensive and general liability insurance coverage. This insurance shall be written in amounts not less than $1,000,000.00 for each occurrence and $2,000,000 aggregate. SRDA shall also provide City with a written endorsement naming City as additional insured. Coverage shall provide notice to the additional insured of any change in or limitation of coverage or cancellation of the policy no less than thirty (30) days prior to the effective date of the change, limitation, or cancellation.A copy of the Certificate of Liability Insurance must be on file with the City at the time both Parties approve this MOU. INDEMNIFICATION AND LIABILITY: A. SRDA agrees to defend, hold harmless, and indemnify, the City and its officers, employees,and agents(the"Indemnified Parties"),from all claims and liability, including reasonable attorney's fees and costs, for injuries, death, or damages to any person or property, arising from or in any way connected with the activities contemplated under this MOU, or any default or breach of any term of this MOU by SRDA. The Indemnified Parties shall have the right to retain their own counsel, in which case those reasonable attorney and expert fees and costs shall be covered by SRDA's indemnification obligations. B. SRDA forever releases and waives any and all claims,known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the City, its Enterprises, controlled Nonprofit Corporations, their officers, agents, independent contractors, and employees ('Released Parties") in any court or tribunal, based on tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that SRDA, its officers, agents, independent contractors, or employees may suffer, related to or caused by the Released Parties,or any vehicle,object,thing,or activity in any building or facility owned, leased, operated or controlled by the Released Parties. C. SRDA shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based 2 on tort, statute, violation of civil rights, or any other legal theory, for any physical injury,psychological injury, death, or property damage or loss that SRDA, its officers, agents, independent contractors, or employees may suffer related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased, operated or controlled by the Released Parties. D. City and SRDA agree to notify the other party of any claims,administrative actions, or civil actions determined to be within the scope of this MOU within ten (10) calendar days of such determination. Nothing in this MOU shall establish a standard of care for or create any legal right for any person not a party to this MOU. E. The parties to this MOU agree that each is responsible only for the actions of their officers, agents, and employees. F. The parties to this MOU hereby assert that no liability is assumed by either party for damages or injuries which arise from participants independently traveling to or from service sites. TERMINATION AND SUSPENSION: This MOU may be terminated without cause by either party at any time upon thirty (30) days prior written notice to the other party. When required by law, this MOU may be immediately suspended by either party upon notice to the other party; any such suspension shall not extend the term of this MOU. FORCE MAJEURE: Neither party shall be liable or responsible to the other party for any delay, loss, damage, failure, or inability to perform under this MOU due to an Event of Force Majeure, if the party claiming failure or inability to perform provides written notice to the other party within thirty (30) days of the date on which such party gains actual knowledge of such Event of Force Majeure. In the event of damage or destruction to a material portion of the El Centro facility by reason of fire, storm or other casualty loss that renders the facility (or a material portion thereof) untenantable, City shall use reasonable efforts to remedy such situation. If notwithstanding such efforts, such damage or destruction is expected to render the facility (or a material portion thereof) untenantable for a period estimated by an engineer or architect selected by City, of at least ninety (90) days from the date of such fire, storm, or other casualty loss, either party may terminate this MOU without any liability, upon written notice to the other. 3 FINANCIAL OBLIGATIONS: A. The parties to this MOU hereby assert that no financial liability is assumed by either party for services provided outside the scope of this MOU. B. City hereby agrees to provide El Centro and to be financially responsible for utilities and daily maintenance, except as otherwise provided herein. C. SRDA hereby agrees to provide Meals on Wheels services of lunch for seniors with no financial liability to City,including meals,meal preparation, and serving. NOTICES: Any notice required to be given by the terms of this MOU shall be deemed to have been given when the same is personally delivered or sent by first class mail, postage prepaid, addressed to the parties as follows: If to City: Director of Parks and Recreation Pueblo Parks and Recreation 800 Goodnight Avenue Pueblo, CO 81005 With a copy to: City Manager One City Hall Place Pueblo, CO 81003 If to SRDA: Senior Resource Development Agency(SRDA) 230 N. Union Ave, Pueblo, CO, 81003 ENTIRE AGREEMENT: This MOU represents the entire and integrated agreement between City and SRDA, and supersedes all prior negotiations, representations, or agreements, either written or oral, with respect to the subject matter of this MOU. The MOU may not be modified, changed, supplemented, or terminated, nor may any obligations under this MOU be waived or amended, except by written instrument signed by the duly authorized representative of City and SRDA. SEVERABILITY: Should any term or provision of this MOU be determined to be illegal or in conflict with any law of the State of Colorado,the validity of the remaining portions or provisions shall not be affected thereby, and each term or provision of this MOU shall be valid and enforced as written to the full extent permitted by law. 4 REPRESENTATION OF AUTHORITY: The undersigned hereby represent and warrant that the parties authorize them to execute this MOU. ASSIGNMENT: This MOU shall not be assigned by SRDA without the prior written consent of the City, which consent may be granted, denied, or conditioned in City's sole and absolute discretion. SUBJECT TO LAW: A. This MOU is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this MOU, with respect to any financial obligation of City which may arise under this MOU in any fiscal year after 2016, in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default by or breach of this MOU, including any sub-agreement, attachment, schedule, or exhibit thereto, by the City. B. Nothing in this MOU is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred upon Pueblo, a municipal corporation under or by federal or state law,including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et. seq. C. Nothing in this MOU is intended to, or shall be deemed to constitute, a partnership or joint venture between the Parties, or to create any agency or partner relationship between the Parties. Neither Party shall hold itself out as a partner,joint venture, agent, or representative of the other under this MOU. D. SRDA agrees to conform to all City policies, ordinances, and state and federal laws,including,but not limited to,restrictions on room and building capacities. GOVERNING LAW AND VENUE: This MOU shall be governed by the laws of the State of Colorado. Venue for any action arising under this MOU or for the enforcement of this MOU shall be in a state court with jurisdiction located in Pueblo County, Colorado. 5 IN WITNESS WHEREOF, City AND SRDA have executed this MOU as of this I/ 4 day of October, 2016. City of Pueblo, A Municipal Corporation Senior Resource Develo.meni Agency {SRDA) Vice-President of City Council Audis • ar 4.2) BROWN STEPHEn, G. f ftw Printed Name Printed Name GXe. L�4; ve- ^� reL cb . Title Attest: City k Approved as to Form: Daniel Kogovsek e9� City Attorney / 6