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HomeMy WebLinkAbout10248 ORDINANCE NO. 10248 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND RATIFYING THE MAYOR’S SIGNATURE TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PRESIDENT AND FELLOWS OF HARVARD COLLEGE ACTING THROUGH THE BLOOMBERG HARVARD CITY LEADERSHIP INITIATIVE AT THE JOHN F. KENNEDY SCHOOL OF GOVERNMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding (“Agreement”) between the City of Pueblo, a Colorado municipal corporation and the Kennedy School of Government at Harvard University, dated May 18, 2022, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said Agreement in the name of the City and the Mayor’s signature thereto is hereby ratified and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures described therein. SECTION 3. This Ordinance shall become effective immediately upon final action by the Mayor and City Council nunc pro tunc May 18, 2022. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 25, 2022 . Final adoption of Ordinance by City Council on August 8, 2022 . President of City Council Action by the Mayor: ☒ Approved on August 9, 2022 . □ 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-15 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 25, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Laura Solano, Chief of Staff SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND RATIFYING THE MAYOR’S SIGNATURE TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PRESIDENT AND FELLOWS OF HARVARD COLLEGE ACTING THROUGH THE BLOOMBERG HARVARD CITY LEADERSHIP INITIATIVE AT THE JOHN F. KENNEDY SCHOOL OF GOVERNMENT SUMMARY: The attached Ordinance approves, authorizes the Mayor to execute and ratifies the Mayor’s signature to a Memorandum of Understanding between the City and the Kennedy School of Government at Harvard University (“Harvard”) regarding the engagement of a Bloomberg Fellow to work in municipal government. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Graduate students from Harvard University are competitively selected for the opportunity spend time embedded in a local government where they will meaningfully contribute to improving government services and present recommendations to local government leaders. Bloomberg Fellows apply the tools of data-driven decision making, human-centered design techniques and cross-sector collaboration to help City leaders improve government performance in addressing pressing social problems. The City of Pueblo’s first Bloomberg Fellow, Jaritza Nunez, began work in the Mayor’s office on July 18, 2022. FINANCIAL IMPLICATIONS: Jaritza Nunez will serve at no cost to the City. Neither the City nor Harvard will employ the Fellow. The Fellow will be employed by a third-party employment organization engaged to employ the Fellow. Harvard will reimburse the third-party organization for salary and benefits costs and a fixed housing allowance for the Fellow. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the Bloomberg Fellowship will be terminated. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Proposed Memorandum of Understanding Bloomberg Harvard City Leadership Initiative Memorandum of Understanding This Memorandum of Understanding ("MOU") is entered into as of May 18, 2022 between President and Fellows of Harvard College acting through the Bloomberg Harvard City Leadership Initiative at the John F. Kennedy School of Government("Harvard") and the City of Pueblo, Colorado acting through the City of Pueblo ("CITY"). Each of Harvard and the CITY are sometimes referred to herein as a "Party" and collectively as the "Parties." The purposes of this MOU are (A) to state terms regarding the engagement by the CITY of one or more Bloomberg Harvard City Leadership Fellows (each, a"Fellow"), who are graduates of masters or professional degree programs at Harvard University; and (B) to provide for each Fellow to work for the leadership team of the Mayor of the CITY for a two-year term on a specific policy area(the "Engagement"). The Parties agree as follows: 1. Scope of Engagement. Each Fellow will work with the leadership team of the Mayor of the CITY, providing general support on a specific priority area and deliverables. For each Fellow, Harvard and the CITY shall agree in advance on the project or policy area on which the CITY will engage the Fellow and the expected dates of the Engagement to ensure that the Engagement includes sufficiently meaningful and rigorous responsibilities to warrant inclusion in the Fellowship program. 2. Supervision. The CITY will give work assignments to the Fellow and will supervise the Fellow's work for the CITY. The Mayor and the Mayor's leadership team will provide supervision, mentorship and guidance to help support the Fellow's tasks, objectives, and professional development. The CITY will provide access to all data, systems and technology necessary for the Fellow to conduct his or her work, commensurate with such access as CITY provides to employees of its leadership team. To advance the goals of the Bloomberg Harvard fellowship program, Harvard will provide at least two trainings for the Fellow, the first at the commencement of the Engagement and a second partway through the Engagement. So that Harvard may receive meaningful feedback regarding the fellowship program, the CITY supervisor overseeing the Fellow and [title of Harvard Lead] will communicate from time to time at Harvard's request on the Fellow's mentorship and work. 3. Salary and Benefits; Office Facilities. Neither the CITY nor Harvard will employ the Fellow. The Fellow will be employed by a third-party employment organization engaged to employ the Fellow during the period of his or her work for the CITY. Harvard will reimburse the third-party organization for salary and benefits costs and a fixed housing allowance for the Fellow. In no event will Harvard be deemed an employer,joint employer or co-employer of the Fellow. The CITY will provide the Fellow with suitable office resources, including a desk, a computer, a phone, an email account, and appropriate access to CITY networks, servers, and printers. CITY will also provide access to general productivity software such as word and data processing and email programs, and such other software programs as may be appropriate for the Fellow's work. 4. (TIN Direction and Control. While conducting work for CITY, the Fellow shall at all times be under the direction and control of the CITY. The CITY will afford comparable workplace grievance procedures and protections as it provides similarly situated CITY employees. The CITY will be responsible to inform the Fellow as to any applicable conflict of interest laws, ethics rules, and public records laws and guidelines, to the extent such laws and rules apply to the Engagement and the Fellow's position and non-employee status within CITY. The Fellow must complete any required training or other requirements related to his or her Engagement by CITY. CITY will be responsible to provide appropriate orientation to the Fellow regarding workplace rules and expectations, including providing the Fellow with a written copy of applicable CITY policies and procedures. In no event will Harvard be responsible for Fellow's compliance or non-compliance with such rules, regulations, laws or workplace policies and procedures as may apply to the Fellow during the course of the Engagement. To the extent permitted by law, CITY will provide the appropriate designation to Fellow such that the Fellow will be afforded tort immunity commensurate with that applicable to CITY employees. 5. Term and Termination. This Agreement will commence on the Effective Date and remain in effect until the later of the fifth (5`11) anniversary of the Effective Date or the date on which any Engagement of a Fellow in effect as of such fifth anniversary is completed, unless sooner terminated as provided herein. Either Party may terminate this Agreement on ninety (90) days' prior written notice to the other Party, provided that any Fellow working for the CITY at the time of such notice will be permitted to complete his or her Engagement and the terms of this MOU will continue to apply for the remainder of such Engagement. Notwithstanding the foregoing, Harvard may terminate the fellowship award for any Fellow in the event it determines the purposes of the fellowship are not being fulfilled or in the event a Fellow elects to withdraw from the fellowship, and the CITY may terminate a Fellow's Engagement in the event it determines the Engagement is no longer suitable. In such event, the Party taking action to terminate shall provide prompt written notice to the other Party of such termination. The CITY and Harvard will work together to create a successful Engagement, and will cooperate on the resolution of issues that may arise. The provisions of Sections 4-8 will survive termination or expiration of this Agreement. 6. Limitation of Liability. The CITY understands and agrees that Harvard is not responsible for the performance, misfeasance, or non-performance by the Fellow, and does not warrant or make any representations concerning the accuracy, completeness, suitability, condition or benefits of the Fellow's work, including any ideas,judgments, opinions, projections, analyses or estimates which the Fellow may provide in the course of the Engagement. The CITY agrees that (i)any decision the CITY may make to rely on any work product provided by the Fellow shall be at its own risk, and the CITY shall not make, and hereby waives, any and all claims or causes of action against Harvard relating to, any claims, liabilities, losses, damages, costs or expenses of any kind 2 which the CITY may at any time sustain or incur in connection with or arising out of any work product or the CITY's reliance thereon or use thereof. or any other aspect of the Engagement of the Fellow. In no event shall CITY or Harvard be liable to the other for any indirect, consequential, exemplary or punitive damages whatsoever in connection with claims arising under or relating to this MOU, whether based upon a claim or action of contract, warranty, negligence, strict liability, or any other legal theory or cause of action, even if advised of the possibility of such damages. 7. Intellectual Property The CITY shall be responsible to make arrangements directly with the Fellow in regard to ownership of work product produced by the Fellow in the course of the Engagement, and Harvard shall have no responsibility in regard to any such arrangements. Notwithstanding the foregoing, the CITY shall not condition, restrict or delay the Fellow's right to present or publish works of authorship describing the Fellow's experience and insights regarding the Engagement. 8. Publicity and Use of Names. Neither Party may issue a press release or other public announcement about this MOU, nor may it use any name, trademark or insignia of the other Party (or of any school, department or unit of the other Party) for promotional purposes or any other purposes in connection with this MOU, without the prior written approval of the other Party, except that each Party may identify the other in any description of the MOU in its customary listings of activities. Without limiting the foregoing, the Bloomberg Harvard City Leadership Initiative at the Harvard Kennedy School may state on its website that it is funding a fellowship for the Fellow to work for CITY. 13. Other Provisions. (a) Severability. In the event that any provision or section of this MOU shall be held to be invalid by any court, such holding shall not affect in any respect whatsoever the validity of the remainder of the MOU. (b) Notices. Any notice under this MOU may be given in person, or sent by fax, by electronic mail, by registered or certified mail, postage prepaid, or by recognized delivery service, to the Party's addresses listed below (or such other address as a Party may designate by notice given in accordance with this Section 13(b)), and such notice shall be deemed to have been given when so delivered, sent by fax or electronic mail, or mailed. [CITY ADDRESS FOR NOTICES] [HARVARD ADDRESS FOR NOTICES] (c) Force Majeure. Neither Party shall be liable for any delays or failures in performance due to circumstances beyond the Party's reasonable control. 3 (d) Entire Agreement; Amendment. This MOU constitutes the entire agreement between the Parties with respect to the transactions which are the subject matter hereof, and supersedes all prior or contemporaneous agreements concerning such transactions. This MOU may not be amended or modified except with the written consent of both Parties. (e) No Third-Party Beneficiaries. No person or entity other than the Parties shall have any rights, interests or claims under this Agreement or he entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. Executed as of the date first stated above For [CITY] For President and Fellows of Harvard College acting through the Bloomberg Harvard City Leadership Initiative at the John F. Kennedy School of Government By: 24444eggpeffeecti_ By: . e.zactiXacze Printed Name:NIC„ko I4S t 'raOP%Vr Printed Name: _Bulbul Kaul Title: ctyz Title: MSenior Director for City Support and Student Engagem, Date: ! ' Date: 6/27/2022 4