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Home My WebLink About09875ORDINANCE NO. 9875 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE PUEBLO FOOD PROJECT, AND PUEBLO SCHOOL DISTRICT 60, TO PROVIDE EMERGENCY MEAL SERVICE DURING THE COVID-19 PANDEMIC, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding (“MOU”) between the City of Pueblo, a Municipal Corporation, on behalf of the Pueblo Food Project, and Pueblo School District 60 to provide emergency meal service during the COVID-19 pandemic, a copy of which is attached hereto and incorporated herein by reference, and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the MOU on behalf of the City of Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are hereby authorized to perform any and all acts consistent with this Ordinance and the attached MOU to implement the transactions described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on January 25, 2021 . Final adoption of Ordinance by City Council on February 8, 2021. President of City Council Action by the Mayor: ☒ Approved on February 9, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 25, 2021 TO: Lawrence W. Atencio and Members of City Council VIA: Brenda Armijo, City Clerk FROM: Nicholas A. Gradisar, Mayor SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE PUEBLO FOOD PROJECT, AND PUEBLO SCHOOL DISTRICT 60, TO PROVIDE EMERGENCY MEAL SERVICE DURING THE COVID-19 PANDEMIC, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign a Memorandum of Understanding (“MOU”) with Pueblo School District 60 to provide emergency food service during the COVID-19 Pandemic. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The purpose of this MOU is to establish a relationship with Pueblo School District 60 to provide emergency food service during the COVID-19 Pandemic on behalf of the Pueblo Food Project. The City is the fiscal sponsor for the Pueblo Food Project, which will be carrying out the activities under this MOU. FINANCIAL IMPLICATIONS: All funds being used for the MOU will come from the Pueblo Food Project. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the proposed Ordinance is not approved, emergency meal support will not be provided. RECOMMENDATION: The Pueblo Food Project recommends passage of this Ordinance. Attachments: Proposed Ordinance Memorandum of Understanding between the City of Pueblo, on behalf of the Pueblo Food Project, and Pueblo School District 60 Memorandum of Understanding Between The City of Pueblo, on behalf of the Pueblo Food Project, • and Pueblo School District 60 This Memorandum of Understanding ("MOU") sets forth terms and understanding between the City of Pueblo ("City"), on behalf of the Pueblo Food Project, ("Pueblo Food Project") and the Pueblo School District 60 ("District 60") to provide emergency meal service during the Covid-19 Pandemic. Background The Pueblo Food Project works to provide food to residents in need across the City. The District 60's Nutrition Services Department has the infrastructure and past experience necessary to provide meals to respond to emergency needs with enough advance notice. Purpose This MOU outlines the partnership between the Pueblo Food Project and District 60. The goal of this partnership is to respond quickly to emergency meal needs in the community when those needs arise, if agreed to by the partners. The above goals will be accomplished by undertaking the following activities for the duration of this MOU: (i) District 60 will provide fully cooked meals and snacks on an ongoing basis subject to the terms in Exhibit A; and (ii) District 60 will invoice the Pueblo Food Project, on a monthly and per meal basis subject to the terms in Exhibit A. Duration This MOU is at-will and may be modified by mutual consent of authorized officials from the Pueblo Food Project and District 60. This MOU shall become effective upon signature by the authorized officials from the Pueblo Food Project and District 60 and will remain in effect until modified or terminated by the partners by mutual consent. In the absence of mutual agreement by the authorized officials from Pueblo Food Project and District 60, this MOU shall end on December 31, 2021. Notwithstanding anything to the contrary in this section or the MOU, however, either party may terminate this MOU upon thirty (30) days prior written notice to the other party. Authorized Officials and Contact Information Monique Marez Pueblo Food Project Coordinator 1 City Hall Place Pueblo, CO 81003 719-252-1657 Dana Elkins-Greene Pueblo School District Head of Nutrition Services 1902 Montezuma Rd Pueblo, CO 81003 719-240-6569 tt'[me Miscellaneous 1. The remedy for any alleged breach of this MOU shall be limited to the right to terminate if the breach is not cured within 10 clays after notice from the non-breaching party. No party shall be liable in damages nor be entitled to any other remedy. 2. Except as specifically provided otherwise herein, neither party shall have any responsibility or obligation under this MOU. 3. This MOU does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceeding against the City or District 60 as a result of any alleged breach hereof or as a result of any terms, covenants, agreements or conditions contained herein. 4. Notwithstanding anything to the contrary in this MOU, the parties recognize that in responding to the current COVID-19 pandemic, District 60 must reserve the right, in its sole discretion, to restrict or curtail the services contemplated herein from time to time and for various durations. Should this be deemed necessary by District 60's Superintendent, designee, or authorized official, notice will be given to the Pueblo Food Project Coordinator as soon as practicable. IN WITNESS WHEREOF, the parties have entered into this MOU the day and year first written above. BOARD OF EDUCATION, CITY OF PUEBLO, PUEBLO SCHOOL DISTRICT NO. 60, A MUNICIPAL CORPORATION PUEBLO,COLORADO By *ft By_Xe."44/ Taylor Voss Nicholas A. Grade ar,Mayor President,Board of Education Approved as to form: Attest: �r ,✓ri( .r... �. Aim' Richard Bump ity Clerk 4 Caplan and Earnest LLC Attorneys for Pueblo School District No. 60 Approved as to form: City Attorney EXHIBIT A This Exhibit A is incorporated into the MOU above between Pueblo Food Project and Pueblo School District 60. The following reflects the mutually agreed upon conditions and terms of said MOU: I. Pueblo Food Project shall: a. Compensate Pueblo School District 60 for Grab-N-Go Meals at the cost of$4.00 for each lunch provided and $2.50 for each breakfast provided within thirty (30) days of Pueblo Food Project's receipt of invoice. 2. Pueblo School District 60 shall: a. Provide Grab-N-Go Meals to the Pueblo Food Project on December 4, December 8, and utliet dates to be determined and mutually agreed upon. b. Ensure each Grab-N-Go Bag includes a breakfast ($2.50/each) and a lunch ($4.00/each) for a total of$6.50 per Grab-N-Go Bag. c. Document/track/record all meals provided to Pueblo Food Project. d. Provide Pueblo Food Project an invoice for each month it seeks compensation for the services performed herein. The number of Grab-N-Go Meals and all dollar amounts shall be agreed upon between the parties prior to invoice. 3. 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 either party, contrary to Article X, § 20 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 a party which may arise under this MOU in any fiscal year, 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 or breach of this MOU, including any sub-agreement, attachment, schedule, or exhibit hereto, by a party. 4821-8605-1541.v. 1