The URL can be used to link to this page

Home My WebLink About10089ORDINANCE NO. 10089 AN ORDINANCE APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ROCKY MOUNTAIN S.E.R./JOBS FOR PROGRESS, INC., REGARDING THE PUEBLO FOOD PROJECT’S ENTREPRENEUR START-UP PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Pueblo (“City”) is desirous of obtaining a location for food systems educational programming; and WHEREAS, Rocky Mountain S.E.R./Jobs for Progress, Inc. (“RMSER”) shares the Pueblo Food Project’s desire and mission of improving the delivery of community services and resources and wishes to maintain a collaborative relationship for responsive solutions to community needs; NOW, THEREFORE, 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, and Rocky Mountain S.E.R./Jobs for Progress, Inc., a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the aforesaid MOU in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Funds in the total amount of $3,600 shall be paid from Project CO2102 – PFP Entrepreneur Start Up Program. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached MOU, which are necessary or appropriate to implement the transactions described therein. SECTION 5. 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 December 13, 2021. Final adoption of Ordinance by City Council on December 27, 2021 . President of City Council Action by the Mayor: ☒ Approved on December 30, 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 Deputy City Clerk City Clerk’s Office Item # R-16 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 13, 2021 TO: President Lawrence W. Atencio and Members of City Council VIA: Marisa Stoller, City Clerk FROM: Nicholas A. Gradisar, Mayor SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ROCKY MOUNTAIN S.E.R./JOBS FOR PROGRESS, INC., REGARDING THE PUEBLO FOOD PROJECT’S ENTREPRENEUR START-UP PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: Attached is an Ordinance approving and authorizing a Memorandum of Understanding (“MOU”) with Rocky Mountain S.E.R./Jobs for Progress, Inc. (“RMSER”) for the short term rental of a room for the Pueblo Food Project’s Entrepreneur Start-up program. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The room to be rented, Room 114, is contained within the grounds of RMSER’s Empowerment Center at 330 Lake Avenue, Pueblo, Colorado. It will be used as a working classroom and collaborative resource center for education, an office, storage space, and for other programmatic related needs of the Pueblo Food Project’s Food Entrepreneurial Start-up program. FINANCIAL IMPLICATIONS: Under the attached MOU, the City would pay RMSER a flat rate of $3,600 for the short term rental access. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the Pueblo Food Project will need to find another location to host community educational programming. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Proposed Memorandum of Understanding Aldillb* I li MEMORANDUM OF UNDERSTANDING 11- This Memorandum of Understanding ("MOU") is made and entered into this X'day of1ecevbcr, 201- ("Effective Date"), by and between Rocky Mountain S.E.R./Jobs for Progress, Inc., hereinafter referred to as the "RMSER", and the City of Pueblo, a Municipal Corporation, through the Pueblo Food Project, hereinafter referred to as "PFP", collectively the Parties. PURPOSE STATEMENT: WHEREAS, RMSER desires to continue its active role in community service and charitable community activities through the establishment of ongoing, collaborative relationships with community organizations like PFP to promote access to community services and resources for all Pueblo residents; and WHEREAS, PFP shares RMSER's desire and mission of improving the delivery of community services, resources and to maintain a collaborative relationship for responsive solutions to community needs; WHEREAS, PFP has worked to address hunger, food insecurity and to strengthen its community's ability to fortify its own responses to food access issues; WHEREAS, RMSER desires to be a collaborative partner with PFP by improving existing services and creating of new solutions and opportunities for residents in Pueblo, Colorado (and surrounding counties). NOW, THEREFORE, the Parties agree to the following: INTENT: To establish a cooperative relationship and work together to provide human health and wellness services, projects, programming, and solutions for all families in Pueblo Colorado and surrounding areas, and to continue to collaborate on future projects and programs to positively impact and serve the greater good of all. SCOPE OF SERVICES & PERFORMANCE: Parties further agree that: RMSER will: • Provide a short-term Rental of Room 114, contained within the grounds of RMSER's Empowerment Center at 330 Lake Avenue, Pueblo, Colorado, for use as a working classroom and collaborative resource center for education, office, storage and other programmatic related needs of the Pueblo Food Project's Food Entrepreneurial Program. o The rental will be for Room 114 from January 1, 2022 through May 31, 2022. This will include access during normal business hours (8 am to 5 pm, Monday through Friday) for the RMSER/ PUEBLO HOOD PROJECT MOU 1 Entrepreneurial Program staff and students for the purposes of group project work, meetings, and planning sessions. o It will also include access to Room 114 on Tuesday Evenings during the term of this MOU, for actual class instruction time. o It will also include access and use of Kitchen on the following dates: January 30, February 20, March 15, and April 27 of 2022. This access and use will be from 5:30pm -8:30pm on these evenings and PFP will be responsible for cleaning, and repair if applicable. o The Rental Fee for all short-term use will be a flat fee of$3,600.00, and shall be inclusive of all utilities, cam fees, and property taxes if applicable. In Lieu of a Damage Deposit, Pueblo Food Project will pay the entire fee ($3,600.00) up front, prior to start of the short term Rental access. o The Rental Fee shall also include 2 evenings of use of the cafeteria for potluck socials. These will be on December 15, 2021 and January 6, 2022. o This rental will also include 2 keys. One key will be to get access into the RMSER Empowerment Center at 330 Lake Avenue in Pueblo Colorado. The other key will be for access into room 114. • Collaborate with PFP in creating future activities and opportunities to improve and empower social and community conditions for the City of Pueblo and its surrounding communities. • Collaborate with PFP to offer opportunities for community engagement and training, as opportunities arise. • Share responsibility in seeking out additional resources for the Pueblo community. The Pueblo Food Project will: • Rent Room 114 at RMSER's Empowerment Center located at 330 Lake Avenue for$3,600.00 for a term from January 1, 2022 to May 31, 2022. o Pueblo Food Project shall have the ability to use agreed upon premises (Room 114 and additional nights in Kitchen and Cafeteria) to further its organizational interests, including schooling, office, storage, and related uses. o Pueblo Food Project, at its own expense, will comply promptly with all applicable statutes, ordinances, rules, regulations, orders, restrictions of record and requirements in effect during the Term or any part of the Term hereof that regulate the use of the Premises and that pertain to Pueblo Food Project's use of the Premises. o Pueblo Food Project understands and agrees that the Premises is accepted in its current as- is, where-is condition with all faults and without representation or warranty by RMSER of any kind, including, the suitability thereof for PFP's intended use. No promises to construct, alter, remodel, or improve the Premises and no representations concerning the condition of the Premises have been made by RMSER to PFP other than as may be expressly stated in this MOU. Pueblo Food Project accepts possession of the Premises on the Possession Date in their then-current condition on an "AS IS, WHERE IS AND WITH ALL FAULTS" basis. o Pueblo Food Project shall, at its sole cost and expense, keep and maintain in good order, condition, and repair all portions of the Premises utilized by PFP as part of this agreement, not required to be maintained by RMSER as provided below. PFP shall make, at PFP's expense, all necessary nonstructural minor repairs to the Premises if said repairs are required due to PFP's staff or guests. Minor repairs shall include such items as repairs of floors, walls, fixtures, doors, and other parts of the Premises damaged by PFP's staff or guests, but shall not include normal wear and tear ("Minor Repairs"). Minor Repairs shall not include repairs RMSER/ PUEBLO FOOD PROJECT MOU 2 to major mechanical systems, plumbing, heating and air conditioning units, windows, exterior walls or to the roof of the building. o PFP shall, at its own expense, maintain a policy or policies of comprehensive general liability insurance. o If this agreement needs to be extended, it must be done in a signed writing by both parties prior to May 31, 2022. • Collaborate with RMSER in creating future activities and opportunities to improve and empower social and community conditions for the City of Pueblo and its surrounding communities. • Collaborate with RMSER to offer opportunities for community engagement and training, as opportunities arise. • Share responsibility in seeking out additional resources for the Pueblo community. JOINT EFFORTS: • The Parties hereby agree to collaborate on maintaining open and ongoing communication, and each may maximize supportive efforts for the other, while utilizing resources to accomplish in unison, their respective Mission and Vision objectives. • The Parties will problem solve together to determine how best to approach and provide community solutions. Together where applicable • The Parties may post respective logos on website and co-market the efforts together with the written consent of the Parties. NOTICES: Notices concerning this MOU shall be given to RMSER as follows: Rocky Mountain S.E.R./Jobs for Progress, Inc. Attn: Lance Vieira, COO 3555 Pecos Street Denver, CO 80211 Email: Lance(a rmser.orq Notices concerning this MOU shall be given to PFP as follows: Mayor's Office Pueblo Food Project 1 City Hall Place Pueblo, CO 81003 With a copy to: Law Department 1 City Hall Place Pueblo, CO 81003 MODIFICATION OF AGREEMENT: All modifications to this agreement shall be in writing and signed by both Parties. TIME OF PERFORMANCE: The term of this MOU shall commence on the Effective Date and shall expire and terminate on May 31, 2022. NO THIRD-PARTY BENEFICIARIES; NO WAIVER OF IMMUNITIES: Nothing in this MOU is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on RMSER/ PUEBLO FOOD PROJECT MOU 3