HomeMy WebLinkAbout8512RESOLUTION NO. 8512
A RESOLUTION APPROVING AN EMPLOYEE LEASING
AGREEMENT BETWEEN PUEBLO, A MUNICIPAL
CORPORATION AND THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO AUTHORITY.
WHEREAS, Mel Murray is an employee of the City of Pueblo hired as the HARP
Coordinator (the "Employee "), and
WHEREAS, the Historic Arkansas Riverwalk of Pueblo Authority (the "Authority ") wishes
to lease on a full -time basis the services of Employee to serve as the Executive Director of HARP,
and
WHEREAS, the Authority will reimburse the City for all compensation and benefits paid to
the Employee by City, and
WHEREAS, the City is willing to lease the Employee to the Authority upon and subject to
the terms and conditions of the Employee Leasing Agreement attached hereto. NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Employee Leasing Agreement dated as of July 1, 1998 between Pueblo, a Municipal
Corporation and the Historic Arkansas Riverwalk of Pueblo Authority, a copy of which is attached
hereto and incorporated herein, having been approved as to form by the City Attorney is hereby
approved. The President of the City Council is authorized to execute and deliver the Employee
Leasing Agreement in the name of the City.
ATTEST:
UW_ -W al W-0 Owm . ,
INTRODUCED September 14, 1998
By Corinne Koehler
Councilperson
APPROVED:
f
President of th ity Council
EMPLOYEE LEASING AGREEMENT
This agreement is entered into as of July 1, 1998, between Pueblo, a Municipal Corporation
(City), and the Historic Arkansas Riverwalk of Pueblo Authority (Authority).
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A. Pursuant to an intergovernmental agreement executed by the City and other units of
local government, the Authority was created and organized as a separate legal entity
pursuant to Section 29 -1 -203, Colorado Revised Statutes.
B. The function, purpose and obligation of the Authority is to promote, manage,
supervise, operate, develop and maintain the Historic Arkansas Riverwalk of Pueblo
(HARP).
C. The City has an employee with education and experience who possesses the requisite
skills to perform the duties and meet the responsibilities of the Executive Director of
HARP.
D. The Authority is authorized to appoint, hire and retain employees and independent
agents, contractors, engineers and attorneys.
E. The Authority wishes to lease the services of a City employee to serve as the
Executive Director of HARP.
In consideration of the above recitals and the mutual covenants and conditions contained in
this agreement, the parties agree as follows:
1. Mutual Assent to Employee Leasing The City agrees to lease its employee, Mel
Murray (Employee) , to the Authority and the Authority agrees to lease and utilize
the services of the Employee, to serve as the Executive Director of HARP. The
Authority may terminate the services of the Employee at any time, with or without
cause, upon 5 days prior written notice given to the employee and the City.
2. Duties of Employee The Employee shall perform the duties and meet the
responsibilities assigned to the Employee by the HARP Council and such other
duties as the HARP Council from time to time may require of Employee under the
general supervision and control of the HARP Council. The duties and
responsibilities of the Executive Director of HARP are described in attached Exhibit
"A
3. Term and Termination
a) This agreement shall be for an indefinite term starting on July 1, 1998, and ending
as provided in this agreement. Either party may terminate this agreement without
cause after giving thirty days prior written notice to the other of its intent to
terminate. The parties shall deal with each other in good faith during the thirty day
period after notice to terminate as been given.
(b) This agreement shall also terminate upon occurrence of either of the following
events:
(i) termination of the services of the Employee by the Authority; or
(ii) termination of the Employee's employment by the City.
4. Compensation All compensation to be paid to the Employee shall be paid by the
City. The Employee shall be eligible to receive employee benefits comparable to
those received by employees in the unclassified service of the City occupying similar
provisions, until modified or changed by the City, Employee's compensation and
Employee's expenses are described in attached Exhibit "B." The Authority shall
monthly reimburse the City the exact amount of Employee's compensation and
Employee's expenses paid or incurred by the City.
5. Other Employment The Employee shall devote all of the Employee's time,
attention, knowledge and skills solely to the interest of the Authority. The Authority
shall be entitled to all of the benefits arising from or incident to all work, services and
advice of the Employee. Any outside employment must be approved in writing in
advance by the HARP Council and the City.
6. Employee's Status. Nothing contained herein shall constitute or be construed to
constitute a new contract of hire between Authority and Employee. City may
terminate Employee's employment with City, in accordance with applicable
provisions of City's Charter or Ordinances, at any time, with or without the consent
or approval of Authority.
7. Responsibility for Employee The Authority shall be solely responsible for the acts
or omissions of the Employee occurring during the performance of his duties and
within the scope of his services for Authority under this Agreement, and the
Authority shall indemnify, defend, and hold City harmless therefrom.
8. Facilities. Supplies and Assistance. The Authority shall furnish the Employee at the
Authority's expense with office facilities suitable for the Employee's performance of
duties as the Executive Director of HARP. The Authority shall also provide, at the
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Authority's expense, such assistance and supplies, equipment and materials as may
be required in the performance of these duties.
11. No Agency The City is not an agent of the Authority and the Authority is not an
agency of the City. Neither party has the authority to represent to any third party that
it is authorized to act on behalf of the other to bind the other in any manner. Neither
party shall represent it has any agency authority to any third party as to bind the
other. The Employee shall be and remain the employee of the City.
12. Miscellaneous
A. Notice All notices given under this Agreement shall be in writing and shall
be delivered in person or sent certified or registered mail, return receipt
required, with postage prepaid, to the parties at the following addresses (or
to such other addresses as the parties may later designate):
City: Pueblo City Council
One City Hall Place
Pueblo, Colorado 81003
Attn: City Manager
Authority: HARP Authority
215 South Victoria
Pueblo, Colorado 81003
Attn: Chairperson
All notices given in accordance with this Agreement shall be deemed given when delivered
in person, or three (3) days after being deposited in the United States mail.
B. Governing Law This Agreement shall be construed in accordance with and
governed by the laws of the State of Colorado.
C. Partial Invalidity If any provision of this Agreement is declared by any court
of competent jurisdiction to be invalid for any reason, such invalidity shall
not affect the remaining portions. On the contrary, such remaining portions
shall be fully severable, and this Agreement shall be construed and enforced
as if such invalid provisions were deleted.
D. Non-Assigaability This Agreement may not be assigned in whole or in part
by either party.
E. Modification and Waiver This Agreement constitutes the entire Agreement
between the parties pertaining to the subject matter contained in it and
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supersedes all prior and contemporaneous agreements, representations, and
understandings of the parties. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing by all parties.
No waiver of any of the provisions of this Agreement shall be deemed or
shall constitute a waiver of any other provision, whether or not similar, nor
shall any waiver constitute a continuing waiver. No waiver shall be binding
unless executed in writing by the party making the waiver.
F. Headine The headings contained in this Agreement are for the convenience
of the parties only, and neither limit nor amplify the provisions of this
Agreement.
G. Counterparts This Agreement may be executed in one or more counterparts
for the convenience of the parties, all of which together shall constitute one
and the same instrument.
H. Exhibits All attached exhibits are incorporated by reference.
I. Binding Effect This Agreement will inure to the benefit of and bind the
respective successors and permitted assigns of the parties.
J. No Third -Party Benefits The provisions of this Agreement are intended for
the exclusive benefit of the City, the Authority, and their successors and
assigns and no other person or entity, including the Employee, shall be
entitled to any right or benefit by reason of this Agreement.
The parties have executed this Agreement on the dates set out below but to be effective as
of the date first written above.
CITY:
DATE: 9 -15 - I$
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DATE: f
By. uj �- a .
�IIJA4A-
Cathy Garcia, esident of the Council
HARP AUTHORITY:
By:
Pat Kelly, Chairperson
Employee's Consent
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The undersigned, Mel Murray, consents and agrees to the above agreement and his assignment to
the Authority to perform the services described in the agreement under the general supervision and
control of the HARP Council.
Signed: —�t 21998.
t.
!'
Mel Murray
EXHIBIT "A" TO EMPLOYEE LEASING AGREEMENT
DATED JULY 1 , 1998 BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND THE HISTORIC
ARKANSAS RIVERWALK OF PUEBLO AUTHORITY
POSITION DESCRIPTION
EXECUTIVE DIRECTOR HARP AUTHORITY
The Executive Director for the Historic Arkansas Riverwalk of Pueblo (HARP) Authority
is hired by, serves at the pleasure of, reports to, and is responsible to the HARP Council. The
Executive Director is responsible for the management, promotion, supervision, operation,
development, and maintenance of HARP. The Executive Director will also serve as the
"Coordinator" for the HARP Commission and the liaison to all active HARP Committees and
various governmental agencies, as may be required, and will submit periodic reports (at least
monthly) to the HARP Council.
DUTIES AND RESPONSIBILITIES:
1. With the approval of the HARP Council, the Executive Director, shall be responsible
for management and administration of the business affairs of the Authority and the
following:
(a) Personnel functions, including hiring, contracting, training, and evaluating
staff performance.
(b) Budget administration, including fiscal contracts and monitoring by funding
agencies.
(c) Long -term planning, business planning, and other planning.
(d) Developing and implementing a marketing strategy.
(e) Negotiating contracts.
(f) Procuring supplies, materials, services and equipment.
(g) Recommending to the HARP Council proposed fees, rates, or changes for
services, programs, or facilities furnished by the Authority.
(h) Assisting in negotiating for sale or lease of land for private development.
2. Promoting and marketing HARP activities for maximum exposure and Authority
benefit.
3. Negotiating contracts, and permits for lease of patio land to private entrepreneurs.
4. Facilitating communications between the HARP Council, HARP Commission and
Committees, staff, clients, and all funding sources.
Facilitating and coordinating:
(a) The private sector participation within the HARP boundaries, including
developers, vendors, and concessionaires, and ensuring the seamless
integration of the private and public sector developments, and;
(b) Working with the private property owners adjoining the project to minimize
conflicts and maximize development opportunities.
6. Completing other duties as assigned by the HARP Council.
7. Researching and writing all grant applications as directed by the HARP Council.
8. Providing for all necessary or appropriate maintenance to all HARP facilities.
KNOWLEDGE, SKILLS AND ABILITIES:
- Effective written and oral communication skills are necessary.
Negotiate and resolve dispute resolutions.
- Interpret and manage contracts and agreements.
Establish and maintain effective working relationships with others.
Principles and practices required to coordinate a multi- phased, multifaceted project
being constructed using multiple funding sources and involving the participation of
a variety of public agencies and private sector entities.
MINIMUM QUALIFICATIONS:
In addition to the knowledge, skills, and abilities listed above, this position requires a
Bachelors Degree in a related field, and experience in performing a similar coordination of similar
activity in at least one other project of similar or related size and scope.
EXHIBIT "B" TO EMPLOYEE LEASING AGREEMENT
DATED JULY 1 , 1998 BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND THE HISTORIC
ARKANSAS RIVERWALK OF PUEBLO AUTHORITY
MELVIN MURRAY
Monthly Salary
$ 4,498.00
1.45 % Medicare Tax
$ 65.22
10% P.E.R.A.
$ 449.80
QualMed Health Ins.
$ 281.00
Benefit Pool
$ 50.00
Prudential Dental Ins.
$ 24.66
Worker's Comp. Ins.
$ 65.22
Unemployment Ins.
$ 5.33
TOTAL
$ 5,439.23
SICK LEAVE
8 HOURS PER MONTH @ $25.88
$ 207.04
VACATION
8 HOURS PER MONTH @ $25.88
$ 207.04
10 HOLIDAYS PER YE(PRO -RATED FOR MONTHLY)
$ 172.62
2 PERSONAL HOLIDA (PRO -RATED FOR MONTHLY)
$ 34.42
$ 621.12
TOTAL COMPENSATION $ 6,060.35
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