Loading...
HomeMy WebLinkAbout13597 RESOLUTION NO. 13597 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND CHAVEZ HUERTA PREPARATORY ACADEMY, FOR THE USE OF CERTAIN PREMISES, 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 Chavez Huerta Preparatory Academy dated January 23, 2017, 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: January 23, 2017 BY: Ed Brown City Clerk’s Office Item # M-3 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: January 23, 2017 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 CHAVEZ HUERTA PREPARATORY ACADEMY, FOR THE USE OF CERTAIN PREMISES, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME SUMMARY: This Resolution will approve a partnership between the City of Pueblo and the Chavez Huerta Preparatory Academy to allow each entity use of certain facilities for recreation and interscholastic programming and events. PREVIOUS COUNCIL ACTION: None BACKGROUND: Dolores Huerta Preparatory High School (DHPH) and Cesar Chavez Academy (CCA) make up the Chavez Huerta K-12 Preparatory Academy (CHPA). Since 2010, DHPH has utilized the Joe Santos Field at Bessemer Park for its interscholastic girl’s softball practices and games as well as utilize the Langoni Soccer Complex for boys and girls soccer home games at no cost from the City. In return, the City has been allowed to utilize the CCA and DHPH gymnasiums for various youth sports programming at no cost from CHPA. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: None ALTERNATIVES: Council could remove the Resolution from the agenda and each entity will have to locate alternative sites to conduct their youth programs and activities. RECOMMENDATION: Approval of the Resolution. PROPOSED MOTION: This Resolution will be placed on the Consent Agenda. Attachments: MOU MEMORANDUM OF UNDERSTANDING PARTIES: This Memorandum of Understanding(MOU) is entered between the City of Pueblo, a municipal corporation ("City"), and Chavez Huerta Preparatory Academy, a not for profit entity("CHPA"), (individually a"Party" and together the"Parties"). PURPOSE: The purpose of this MOU is to enable the City and CHPA to provide certain facilities for each entity's specific program use at no cost to each. AUTHORITY: This MOU is entered into by and between the Parties in exercise of the authority set forth in the provisions herein. TERM: 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. NONDISCRIMINATION: As applicable, both CHPA 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, veteran's status, medical, ancestry, marital status, or citizenship, within the limits imposed by law or other requirements of this MOU. OBLIGATIONS OF THE PARTIES: A. City grants permission for CHPA to utilize the Joe Santos Field at Bessemer Park (W. Northern Avenue and Pine Street, Pueblo CO 81004) for its girls' fall softball program. 1. For practices and games beginning mid-August through the end of October. 2. Daily practice and game schedules will be provided to the City through an "Athletic Facility Use Agreement" (AFUA)form which will be provided to CHPA for completion and signed approval. Times of use are to be mutually determined and reflected on the AFUA form. 3. City will provide general weekly maintenance of facility which includes: cleaning park restrooms and providing paper goods for restrooms; mowing and trimming of all turf areas; and dragging the infield no less than once per week. 4. City will provide use of bases and announcer's shed as well as make available for CHPA's use of the field hand tools (rakes, shovels, base anchor dig-out tools). 5. CHPA will be responsible for prepping the field for all scheduled games and assuring the facility is clean from trash and debris after each scheduled use. 6. CHPA shall be responsible for any damage to the facility or equipment caused by its employees, volunteers, agents, or the customers served. 7. City will not charge CHPA for use of the facility. Only costs incurred by CHPA will be charged, including any damages to the facility or equipment. B. City grants permission for CHPA to utilize the Langoni Soccer Complex (2101 W. 24111 Street, Pueblo CO 81003) for its boys' fall soccer program and girls' spring soccer program. 1. For scheduled games only, no practice sessions, beginning mid-August and continuing through mid-October for boys' soccer. 1 2. For scheduled games only, no practice sessions, beginning early March and continuing through early May for girls' soccer. 3. Game schedules will be provided to the City through an AFUA form which will be provided to CHPA for completion and signed approval. Times of use are to be mutually determined and reflected upon the AFUA form. 4. City will provide general weekly maintenance of the facility, which includes: cleaning park restrooms; providing paper goods for restrooms; and mowing and trimming of all turf areas. 5. CHPA will be responsible for lining all game fields if necessary. 6. CHPA will assure the facility is clean from trash and debris after each scheduled use. 7. CHPA shall be responsible for any damage to the facility or equipment caused by its employees, volunteers, agents, or the customers served. 8. City will not charge CHPA for use of the facility. Only costs incurred by CHPA will be charged, including any damages to the facility or equipment. C. CHPA grants permission for City to utilize the Cesar Chavez Academy Middle School Gymnasium (2727 W.18th Street, Pueblo CO 81003) for its winter youth basketball program. 1. For scheduled games on Saturdays beginning early January through early March. 2. Times will be between 8:00 am to 4:00 pm. 3. Game schedules will be provided to the CHPA Activities Director. 4. CHPA will provide use of gymnasium, bleachers and restrooms. 5. CHPA will provide general weekly maintenance at site which includes the cleaning of restrooms and providing paper goods for restrooms. 6. City will make sure the areas of its use are free from trash and debris after each scheduled use. 7. City shall be responsible for any damage to the facility or equipment caused by its employees, volunteers, agents, or the customers served. 8. CHPA will not charge City for use of the facility. Only costs incurred by City will be charged, including any damages to the facility or equipment. INSURANCE: A. During the term of this MOU, CHPA 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. CHPA 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. B. During the term of this MOU, City shall provide to CHPA 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. City shall also provide CHPA with a written endorsement naming CHPA 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 CHPA at the time both Parties approve this MOU. 2 INDEMNIFICATION AND LIABILITY: A. CHPA and the City agree to defend and hold harmless the other Party 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 CHPA or the City. B. CHPA 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 CHPA, 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. City 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 CHPA, 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 the City, 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. CHPA 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 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 CHPA, 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. E. City 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 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 the City, 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. F. City and CHPA agree to notify the other Party of ally claims, administrative actions, or civil actions determined to be within the scope of this MOU within ten (10) calendar days of such determination. Nothing ill this MOU shall establish a standard of care for or create any legal right for any person not a party to this MOU. G. The Parties to this MOU agree that each is responsible only for the actions of their officers, agents, and employees. 3 H. 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 Joe Santos Field, Langoni Soccer Complex, or CCA Middle School by reason of fire, storm or other casualty loss that renders the facility (or a material portion thereof) untenantable, the owner of the property 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 the owner of the property, 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. 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 Joe Santos Field at Bessemer Park and the Langoni Soccer Complex and to be financially responsible for utilities and daily maintenance, except as otherwise provided herein. C. CHPA hereby agrees to provide CCA gymnasium and restrooms with no financial liability to City. 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 CHPA: Chavez Huerta Preparatory Academy(CHPA) 2727 W. 18th Street, Pueblo, CO 81003 4 ENTIRE AGREEMENT: This MOU represents the entire and integrated agreement between City and CHPA, 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 representatives of City and CHPA. 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. 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 CHPA 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 the Parties which may arise under this MOU in any fiscal year after 2017, 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 Parties. 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, or upon CHPA, a Public Charter School 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. CHPA agrees to conform to all City policies, ordinances, and state and federal laws, including, but not limited to, restrictions on room and building capacities. 5 E. City agrees to conform to all CHPA policies, 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. IN WITNESS WHEREOF, CITY AND CHPA have executed this MOU as of this 23 day of January, 2017. City of Pueblo . •'-. oora is Chavez Huerta Preparatory Academy(CHPA) ' .49/i/, ,A "e igfr ' Council Auv' ''ed Sign.tory l +aPco G. Nawro ; .4I CEA/ ti//. 'Ju Printelt Name Printed Name Executive Director Title Attest: City rk Approved as to Form: 61AAA.a G , 1-<-07O✓gyp- Daniel Kogovsek / City Attorney 6