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HomeMy WebLinkAbout10517RESOLUTION NO. 10517 A RESOLUTION APPROVING THE MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, Pursuant to Section 31 -25 -112, C.R.S., the parties have determined that for the purposes of economy and efficiency of operation, it is in the best interests of the public that the City of Pueblo provide management and administrative services for the Urban Renewal Authority of Pueblo in accordance with the terms and conditions of the Management Services Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: The Management Services Agreement between the City of Pueblo, and the Urban Renewal Authority of Pueblo, Colorado attached hereto and approved as to form by the City attorney is hereby approved, and the President of City Council is authorized to execute same. INTRODUCED September 26, 2005 PRES1 9 F CITY frP s BY Michael Occhiato Councilperson 400. 0 16517 Background Paper for Proposed RESOLUTION AGENDA ITEM # j DATE: SEPTEMBER 26, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT/ JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE A RESOLUTION APPROVING THE MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISS UE Should the City Council enter into a Management Services Agreement with the Urban Renewal Authority of Pueblo to provide administrative, accounting and budgeting relating only to the Board of Commissioners and not the Convention Center, secretarial, and planning services? Approve the Resolution to enter into the agreement. BACKGROUND The City and the Urban Renewal Authority have determined, for the purpose of economy and efficiency of operation, that the City provide management and administration services to the Authority. The Agreement runs from October 1, 2005 to December 31, 2010 and can be terminated following a 60 -day notice. The City will provide the Authority with an Executive Director and other City staff as may be required from time to time by the Authority to provide administrative, accounting and budgeting, secretarial, and planning services. The City will also pay all normal operating costs. All travel and capital costs will be the responsibilities of the Authority. FINANCIAL IMPACT The Authority will pay the City $120,000 per year for the first two years of the term of the Agreement. In 2008 the compensation will be adjusted to reflect increases in salary and benefits. MANAGEMENT SERVICES AGREEMENT THIS AGREEMENT (the Agreement) is made and entered into as of Sept. 26 , 2005, by and between the CITY OF PUEBLO, a Colorado municipal corporation (the City) and the URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO, a body corporate and politic of the State of Colorado (the Authority), collectively, the Parties, or individually, a Party. RECITAL Pursuant to Section 31 -25 -112, C.R.S., the Parties have determined that for the purposes of economy and efficiency of operation, it is in the best interests of the public that the City provide management and administrative services to the Authority in accordance with the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the City and the Authority agree as follows: I . Effective Date and Term This Agreement will become effective as of October 1, 2005 and terminate on December 31, 2010; provided, however, either Party shall have the right to terminate this Agreement at any time, without cause or liability, by giving the other Party sixty (60) days prior written notice of its election to terminate specifying the date of termination. 2. Services to be Provided by the City The City shall provide the following services to the Authority: (a) The City will provide the Authority with an Executive Director to manage administrative functions, strategic planning, project development, and policy development for the Commissioners of the Authority. The duties of the Executive Director are included in the Executive Director Job Description which shall be mutually agreed upon by the City Manager and Board of Commissioners. The position of Executive Director for the Authority will be advertised by the City Human Resources Department. The City Manager and members of the Personnel Committee of the Board of Commissioners of the Authority will jointly interview the candidates and identify, based upon his or her training, experience, qualifications and fitness, the most qualified candidate for the position of Executive Director. The name of the identified candidate will be taken to the Board of Commissioners of the Authority for their concurrence. Following concurrence of the Board, the City Manager may select and hire the Executive Director in accordance with the policies and procedures of the City. Not withstanding the foregoing, the City Manager shall have the authority, in his absolute discretion, to appoint as Executive Director the person the City Manager deems most qualified. The Executive Director shall serve at the pleasure of the City Manager and may be suspended or removed by the City Manager, subject to consultation with the Board of Commissioners of the Authority. The Executive Director will be subject to all City personnel policies. Notwithstanding the foregoing, if this Agreement is terminated by either Party prior to December 31, 2010 as provided in Section 1 hereof, the Executive Director shall become an employee of the Authority. (b) The City will provide the Authority with all other administrative, accounting and budgeting relating only to the Board of Commissioners and not the Convention Center, secretarial, and planning services, as are necessary for the Authority to carry out its statutory and administrative duties, including the duties and responsibilities required by contract and financing documents provided however the Authority shall be responsible for the interpretation and enforcement of such contracts and financing documents. 3. Duties of Executive Director The Executive Director will be subject to the City Manager, but shall perform his or her duties under the supervision of the Assistant City Manager for Community Development; provided, that such Executive Director shall carry out his or her duties and the duties and responsibilities to the Authority in accordance with the policies and procedures of the Authority established by the Commissioners of the Authority and the Colorado Urban Renewal Law and all other applicable laws, regulations, and agreements of the Authority. 4. Executive Director Compensation and Benefits The salary of the Executive Director shall be as set forth in an applicable Ordinance of the City and any increases in salary during the term of this Agreement shall be given the same consideration as apply to City department heads. The Executive Director shall receive the entire City benefit package including, without limitation, health insurance and PERA participation. All other City employees providing services to the Authority under this Agreement shall be provided salary and other benefits by the City in accordance with its policies as they apply during the term of this Agreement. 5. P4yment by the Authority The Authority will pay the City $120,000 per year for the first two years of the term of this Agreement. Commencing in 2008 the compensation payable to the City will be adjusted to reflect increases in salary and benefits. The City will bill the Authority quarterly for such services. In addition, the Authority shall reimburse the City for capital expenditures for a computer, printer and other capital items purchased by the City reasonably required for the Executive Director to perform his/her duties which shall remain the property of the Authority. 6. Selection of Specialized Agents and Representatives At all times while this Agreement is in effect, the selection and/or termination of consultants, auditors, attorneys, and other agents and representatives to serve the Authority will be at the discretion of the Board of Commissioners of the Authority. 7. Independent Status of Parties Nothing in this Agreement shall be interpreted in any manner as constituting the City as the agent of the Authority or the Authority as the agent of the City. Each party shall remain separate legal and functional entities and neither shall hereby assume the debts or obligations of the other. 8. Fund Availability. Financial obligations of the City after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written. PUEBLO, A MUNICIPAL CORPORATION ATTEST: By / ity Clerk resider oft City Coun ATTEST: PUEBLO, COLORADO