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HomeMy WebLinkAbout13534 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 (� 1✓# . /1 ,201 ( Date Approved as to form: City Attorney [ SEAL [ AMERICAN DIABETES ASSOCIATION felletreAttest. �nil 1►i By: SegWO Regional irector,Community Health Strategies vLL /c9i0 Date