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HomeMy WebLinkAbout8840RESOLUTION NO. 8840 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY, COLORADO, RELATING TO THE HIRING OF A RECREATION SUPERVISOR WHEREAS, City and County in order to implement their continuing efforts to consolidate services and facilities, agreed that City would engage a person to act as recreation supervisor for both the City and the County recreation programs, and WHEREAS, City and County agreed to each pay one -half of the salary, benefits and other expenses related to the recreation supervisor, and WHEREAS , City and County desire to set forth their understandings and agreements in writing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement dated as of January 1, 1999 between the City and Pueblo County, Colorado, relating to the hiring of a recreation supervisor, a copy of which is attached hereto, having been approved as to form by the City Attorney is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Intergovernmental Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. ATTEST: '__ P City C k INTRODUCED: November 8, 1999 By Robert Schilling Councilperson APPR President of the City Council INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into as of January 1, 1999, by and between Pueblo, Colorado, a municipal corporation ( "City "), and Pueblo County, Colorado ( "County "). WITNESSETH: WHEREAS, Sections 18(2)(a) and (b) of Article XIV of the Colorado Constitution, and Section 29 -1 -203, C.R.S., authorizes governments to contract and cooperate with one another; and WHEREAS, in 1997 the City and the County agreed to combine recreation services through the implementation of a jointly funded Recreation Supervisor position; and WHEREAS, the City and the County are desirous of clarifying the duties and responsibilities of each party. NOW, THEREFORE, the City and the County agree as follows: I. THE CITY SHALL A. Subject to annual budget approval by the City Council, fund fifty percent (50 %) of the salary and fringe benefits of a full -time Recreation Supervisor assigned to the following tasks who will spend at least fifty percent (50 %) of time on County programs and at least fifty percent (50 %) of time on City recreation programs: 1. Manage and coordinate all Pueblo County recreation programs. 2. Assist in the administration of the City Parks and Recreation Department programs. B. Be the sole employer and direct all activities of said Recreation Supervisor, and be wholly responsible in making provisions for that employee's salary and benefits, including worker's compensation, employer's /employee's liability insurance, and any and all other requirements, programs, and benefits generally accorded to City employees. C. Subject to the provisions of paragraph I. D. below, quarterly provide the County with an invoice detailing the costs of recreation supplies purchased for County recreation programs in the prior calendar quarter and for one -half the cost of salary and fringe benefits of the Recreation Supervisor. D. The City shall notify the County prior to incurring expenses in excess of the budget allocation in Paragraph II. C. below. -1- IL THE COUNTY SHALL A. Subject to annual budget approval by the Board of County Commissioners and the provisions of Section 1: 1. Fund fifty percent (50 %) of the salary and fringe benefits of a full -time Recreation Supervisor assigned to the tasks specified in Paragraph I. A. above; and 2. Fund the costs of necessary supplies related to County programs. B. Payment for 1 and 2 above will be made by the County to the City quarterly upon receipt of invoice described in Paragraph I. C. above. C. Pueblo County will conduct all official communications regarding its seasonal recreation programs through the Director of the City's Department or Parks and Recreation ( "Director "). Pueblo County will inform the Director of its authorized annual recreation programs and budget allocation no later than December 31" of each year for the following calendar year. III. TERM /TERMINATION A. This Agreement shall commence on the day and year first written above, and shall remain in effect until terminated as is provided for herein. B. This Agreement may be terminated, without cause, liability, or penalty upon ninety (90) days prior written notice of such termination given by one party to the other party specifying the date of termination. C. The parties understand and agree that renewal of this Agreement, which by its terms may extend beyond the year of execution, is expressly made subject to appropriations of funds for its continuance by the City and County. Upon failure of either party to appropriate funds for the continuation or renewal of this Agreement, the Agreement will be terminated without liability to either party. IV. MISCELLANEOUS A. This Agreement constitutes the entire agreement between the City and the County with respect to the subject matter hereof, and shall not be amended, altered or modified except by a separate written document signed by the parties hereto. B. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of the provisions contained therein. -2- C. This Agreement shall be binding on and inure to the benefit of the parties to it. Any delegation or assignment of this Agreement by either party without the prior written consent of the other party shall be void. D. No Third Party Beneficiary Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the County and the City, and nothing contained in this Agreement shall give or allow any claim or right of action by any other or third person under this Agreement. It is the express intention of the County and the City that any person other than the County or the City receiving services or benefits under this Agreement shall be deemed to be a incidental beneficiary only. E. Except as set forth elsewhere in this paragraph, all notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States mail, postage prepaid, to the other party at the following addresses: CITY OF PUEBLO Attn: City Manager 211 East "D" Street Pueblo, Colorado 81003 543 -6006 and COUNTY OF PUEBLO Attn: Administrative Coordinator 215 West 10th Street Pueblo, Colorado 81003 583 -6011. F. Notices concerning any fees payable by County hereunder shall be made in compliance with Section II. of this Agreement and directed to the Director of the Office of Budget, Pueblo County Courthouse, 215 W. 10th Street, Pueblo, Colorado 81003, 583 -6718. -3- IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. ATTEST: PI EBLO COUNTY, rOLO By: By: Clerk to the Board ATTEST: .u. ` ,� KTJC002U:B \K ssioners CITY OF PUEBLO, A M IPAL CORPO TION By: President of the City Council M STATE OF COLORADO, ss. County of Pueblo, The Board of County Commissioners met in Regular session in its office in Pueblo County, Colorado, on Tuesday the 23rd day of November A. D. 19 99 a t 10:00 A.M. o'clock. Present: John L. Klomp Chairman. " Matt Peulen County Commissioner. " Loretta Kennedy County Commissioner. " Terry A. Hart County Attorney. " Sue M. Kovacich, Dep. Clerk County Clerk or Deputy. When the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 99 -150 APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY RELATING TO THE HIRING OF A RECREATION SUPERVISOR WHEREAS, Sections 18(2)(a) and (b) of Article XIV of the Colorado Constitution, and Section 29 -1 -203, C.R.S., authorize governments to contract and cooperate with one another; and WHEREAS, in 1997, the City and the County agreed to combine recreation services through the implementation of a jointly funded Recreation Supervisor position; and WHEREAS, the City and County in order to implement their continuing effort to consolidate services and facilities, agreed that City would engage a person to act as recreation supervisor for both the City and the County recreation programs; and WHEREAS, City and County agreed to each pay one -half of the salary, benefits and other expenses related to the recreation supervisor subject to annual appropriation of funds; and WHEREAS, the City and County now desire to enter into a written agreement setting forth the duties and responsibilities of each party with regard to the Recreation Supervisor position. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado, that the Board of County Commissioners of pueblo County, Colorado does hereby authorize and approve the Intergovernmental Agreement between the City of Pueblo and Pueblo County, Colorado, which is attached hereto by reference, relating to the hiring of a Recreation Supervisor. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners of Pueblo County, Colorado, be, and hereby is, authorized to execute said Intergovernmental Agreement on behalf of Pueblo County. By the following vote on roll -call: KLOMP - AYE PEULEN - AYE KENNEDY - AYE U AB \RES\JBLAK2.D0C