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RESOLUTION NO. 13534
A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE AMERICAN
DIABETES ASSOCIATION, 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 American Diabetes Association 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: Ed Brown
City Clerk’s Office Item # M-5
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
THE AMERICAN DIABETES ASSOCIATION, 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 American Diabetes Association to provide cardiovascular disease and diabetes
screening programs at the center beginning this fall.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
Representatives of the American Diabetes Association met with department staff earlier this past
summer requesting the use of the El Centro del Quinto Sol Recreation Center as a program site
for its diabetes prevention programs. The program aims to increase awareness and build durable
skills to support the reduction of diabetes and CVD risk factors in high-risk, Spanish-speaking
Latinos. In collaboration with safety net clinics, the American Diabetes Association (ADA)
comprehensive screening includes analysis of blood pressure, glucose, and full panel lipid testing
and a one (1) year evidence-based diabetes prevention program.
FINANCIAL IMPLICATIONS:
City will only incur expenses for one El Centro staff member available to open and monitor facility
during program schedule which is currently planned for two hours per week.
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 American Diabetes
Association program at the center.
RECOMMENDATION:
Approval of the Resolution.
PROPOSED MOTION:
This Resolution will be placed on the Consent Agenda.
Attachments: MOU
STOP aw . American
di DIABETES ^.�.z Diabetes
� ,Association.
MEMORANDUM OF UNDERSTANDING BETWEEN
American Diabetes Association And
El Centro Quinti Sol
This Memorandum of Understanding (MOU), establishes a partnership between the American Diabetes
Association (ADA) and the City of Pueblo, a municipal corporation, (City) for the use of El Centro Quinto Sol
(Premises) in the implementation of the Diabetes Prevention Program (Project). This Project aims to increase
awareness and build durable skills to support the reduction of diabetes and cardiovascular disease (CVD) risk
factors in high-risk,Spanish-speaking Latinos.
Overall Project Goals, Services and Outcomes: In collaboration with safety net clinics, the ADA - Colorado Area
will provide comprehensive CVD risk factor and pre-diabetes screening, including blood pressure,glucose and full
panel lipid testing. After screening, navigation services address at-risk participants they will be enrolled in the 1-
year evidence-based, Diabetes Prevention Program that includes 16 core sessions, 8 post-core sessions, and a
physical activity component. Participants will lose 5-7% body weight and reach a minimum of 150 minutes of
physical activity perweek.
Term One:This MOU shall have an effective date of the later date of signatures with an initial term of one (1)year
and shall automatically renew for a maximum of five (5) additional one (1) year terms unless one of the parties
provides the other written notice of its intent not to renew at least thirty(30) days prior to such renewal.
Term Two:Agency Provisions:In addition to continuing the on-going program planning and review process for the
Project,the ADA will provide the following services in specific support of this project:
a. Secure locations for the Project and related Bootcamp
b. Send class schedules to City with 15 days' advanced notice
c. Enroll participants in classes
d. Lead Bootcamp classes at agreed locations
e. Limit use of the Premises to approved areas designated by the City, and restrict employees, agents,
and volunteers from entering and using all other areas
f. Designated areas will only be used by the ADA for the Project and Bootcamp, where designated areas
are described in Exhibit A
Term Three:Agency Provisions: In addition to participating in the on-going planning and review process of the
above mentioned project,the City will provide the following services in specific support of this Project:
a. Secure a Bootcamp location at Premises,time, and date TBD
b. Class times may change due to facility and community participation
c. Assist in recruitment of participants through flyers
Term Four: Termination:This MOU may be terminated by either party, for any reason, at any time, by giving 30
days written notice. 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.
Term Five: Immunity and Subrogation: 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 under or by virtue of federal or state law,
including but not limited to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. ADA
and City of Pueblo hereby mutually waive any rights of subrogation one may have against the other or
the other's insurance carrier for any claims, damages and/or losses arising from this MOU, presence on
City of Pueblo lands, the use of City equipment, supplies, or labor.
Term Six: Indemnification: ADA agrees to defend, hold harmless, and indemnify, the City and its officers,
employees, and agents (the Indemnified Parties), from any and 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
ADA. 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 ADA's indemnification obligations.
Term Seven: Waivers and Liability: All participants will sign waivers provided by both the City and ADA before
using the Premises or participating in the Project. ADA will assume any risk or liability that a participant fails to
waive. City and ADA 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.
The parties to this MOU agree that each is responsible only for the actions of their respective officers,agents,and
employees. 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 the Premises.
Term Eight: Nondiscrimination: As applicable, both ADA and City agree not to discriminate in the selection,
acceptance, or treatment of any participant or representative of either party pursuant to this MOU because of
race, color, national origin, religion, sex, sexual orientation, handicap, age, veterans status, medical, ancestry,
marital status, or citizenship, within the limits imposed by law or other requirements of this MOU.
Term Nine: Insurance: During the term of this MOU, ADA 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 $2,000,000.00 aggregate. ADA 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 this MOU is approved by both parties.
Term Ten: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, provided that 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 Premises 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.
Term Eleven:Financial Obligation: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. City hereby agrees to provide Premises and to
be financially responsible for utilities and daily maintenance, except as otherwise provided herein. ADA hereby
agrees to provide services under this MOU with no financial liability to City.
Term Twelve:Notice:Any notice required to be given under 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 respective 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 ADA:
Term Thirteen: Assignment:This MOU shall not be assigned by ADA without the prior written consent of the City,
which consent may be granted, denied,or conditioned in City's sole and absolute discretion.
Term Fourteen: Compliance with Law: Both parties agree to comply with all municipal, state, and federal laws,
including, but not limited to, prohibiting the employment of an illegal alien to perform work under this MOU.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. 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.ADA agrees to conform to all City policies,ordinances,and state and federal laws,including,
but not limited to, restrictions on room and building capacities.
Term Fifteen: Integrations, Severability, Amendment, and Counterparts: This MOU represents the entire
agreement between the parties and supersedes all prior discussions, proposals, representations, and written
agreements or understandings. If any provision of this MOU is held invalid or unenforceable, no other provision
shall be affected by such holding, and all of the remaining provisions of this MOU shall continue in full force and
effect.This MOU may be amended in writing at anytime upon the mutual agreement of the City and ADA,provided
no amendment or modification of this Agreement shall be binding on City until approved by the City Council of
City by resolution. This MOU may be executed in multiple counterparts,each of which shall be deemed an original,
and all of which together constitute one and the same agreement.
Term Sixteen: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.
Executed in,Pueblo,Colorado as of the day and year last signed.
[S E ALL'[ CITY OF PUEBLO
Attest: By:
City rk MIIIIIMORT • "t Council
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Date
Approved as to form:
City Attorney
[ SEAL [ AMERICAN DIABETES ASSOCIATION
felletreAttest. �nil 1►i
By:
SegWO Regional irector,Community Health Strategies
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Date