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