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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
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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.
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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.
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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.
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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 •
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4.2) BROWN STEPHEn, G. f ftw
Printed Name Printed Name
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Title
Attest:
City k
Approved as to Form:
Daniel Kogovsek e9�
City Attorney /
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