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Home My WebLink About1983 Ordinance No. 009I ■ BY /\U'l'HO R ITY ORDINANCE NO . 9 SERI ES OF 198_3 __ COUNCIL BILL NO . 8 INTRODUCED BY COUNCIL MEMBER SILO I\N ORDINANCE AP PROVING I\N AGREEl'\ENT BE"IWE EN THE CIT'i OF ENGLEl",l'.lQD /\ND THE ENGLEl",l'.lQD URBI\N RENEWAL AUTHOR ITY PROVIDING FOR OPERATING SfAFF, EQUIPMENT, AND REI/\TED SU PPORT . NO,I , TH EREr'ORE , BE 1':' ORDA INED BY TH E CITY COUNCIL OF THE CITY OF ENG LEl",l'.lQD, COLOR/\DO, AS FO LLCl,IS : Section 1. Th ere is hereby approved the following ag r eement : OPERAT ING AGREEl'IENT BE"IWEEN THE C!T'i OF ENGLEl",l'.lQD AND ENG LEl",l'.lQD URBAN RENEWAL AUTHOR ITY THI S AGREEMENT e nte r ed into th is day of 1983 betwe en the CIT'i OF ENG LF,W'.)()D, CO LORADO, a nuni-c~ipa~l--- co rporat ion (l,ereinaf t e r cal led the "City"), and the ENGLEW'.XJD URBAN RENEWAL AUTH ORITY, a body corpo r ate and politic of the State of Colo rado (he re inafte r ca lled "Aut hor i ty"), Recital The Ci ty a nd t he Autho r ity have de t e rmined that fo r the purposes o f economy and the e ffi c i ency of ope r at ion , it i s in the best intere sts o f t he public that the ope r at i ng s taff of the Autho r i ty be p rov i ded by the City through its em p l oyees, s ubject t o the terms and condi t i ons o f this Agreement. ":':)r eement NCM , THER EfORE, in cons i deration of 'che mutual promises and ~ovenants between the Englewood Urban Rew,wal Autho rity a nd the Ci ty of l::nglewood r e c ited below , the pa r ties agree a s fo llows : ). Autho ri ty Employees Provided by the City : Effecti ve Dates . a . Effective =--,.,-,..,.---,---,---,-,--,-,-..,.,.-,-' all empl oyees , includ ing t he Executive Direc t or , of t he Au thority sha ll be provided by the Ci ty . The Board of Comm i ss ione r s of the Autho ri ty s hall dete r mi ne whi c h o f the s taff po si t i o ns and the number of empl oyees it requi res for its operations , and upon nutual ag reement of t he Ci t y Cou nc il dnd t he Urban Re newal Au thority , the same shall be prov ided by the City in a cco r dance wi th this Agree me n t promptly afte r r ecei pt o f noti ce of s uch dete r mination f rom the Au t ho rity . b . Al l ~mployees of the Authority s hall be s ubject to personne l p:,li cies and procedures , rules and regulati ons as dete rmi ned by t he City . c . It is the intention and the understanding of the parties that the employees of the City may also serve a a employees of the Authority . \mile service as employees of the Author! ty, the Authority will r ecord and document the portion of the empl oyee 's ""rk time attributable to such duties . '!he expenses of such portion shall be b illed to the Authority as s et fo r th in Section 5. It is the inte ntion of the parties thaL the services pe r fo rmed by the employees for the City s ha ll not unduly interfere with the abili ty of such emp loyees to carry out thei r duti es and responsibiliti es to the Au tho rity. 2. Se l ection and Te rmi nation of Employees . a . The Englewood Urban Henewal Autho r ity, in consultation with the City Manager , shall app.,i~t an Exec utive Di rector for the Urba n Re newal Authority. 1'. The select ion and /o r termi natior, of all othe r employer,s of the Authority shall be made by the City Manager, who may de 1ate such responsibility t o the Executive Direcl • r who in turn w, I consult with the Boa r d of Commissioners of t he Au tho rity in pert·:.\·r.i ing such functions . 3. Sala ries . The salary rang e of the Executive Di rect or and employees of the Authority shall be fixed by the Ci ty in accordance with established policy . 4. Other Se r vices . In addition to provi d ing s t aff employee s for the Authority , the Ci ty will provide the Authority with such o t her se rvi ces as may be requi red in order to pe r form its public func tions , including , but not lim i ted to, accounting, trea~ury , management , procurement , personnel services , engineering services , planning se rvices and legal servi ces . If the City is unable to provide such services required for the successful completion of the p roject , the Urban Renewal Au thNi ty is em power ed to contract ,iith thi rd pa r ties t o provide all o r a portion of such ser vices. It i s the intent ion of the parties that the annual o r any special financial audits shall be pe r fo rmed by the City 's independent a ud i tor . All costs o f any suc1 audit o r financial services shall be paid by the Autho rity. 5. Re imbursement of City . '!11e Authority shall reimbu r se the City for all costs incurred by the City in pr oviding the staff and ser vices de t a i led I I in this Agreement. The City shall file and mainta i n a record of all such services and costs and shall submit a detailed repo r •. to the Authority on a quarterly basi s covering services and costs rendered and incurred during the ilflllediately preceding quarter . Such claim shall be in sufficient detail and incl ude salaries , benefits , and other costs i ncurred by the City and shall s u ffi :iently designate the type of services perfo r med by the City so th ,t the Authority might properly dete r mi ne the funds to which the services are to be charged . 'l'he Authority shall not be obligated to repay any of these costs and expens~s until such time as the Au <·hority has suffir.ient fund s , whether from the proceeds of the sale of its tax increment bonds as contemplated in the Englewood Downtown Redevelopment Plan (the "U r ban Renewal Plan") or from other sou rces . Within 90 days after receipt of fund s from the sale of such bonds, or from othe r sources , the Authority shall pay all bills it has approved for payment. '!'hereafte r, dur ing the life of this Ag r eement , no t later than the 15th day of each qua rter, the City shall file a claim with the Autho r ity for services render ed during the immediate ly preced ing ca l e ndar quarter , inc luding all cos t s of providing s taff a nd se rvices as set forth in this Ag reement. Suell cla ims sha ll be in s ufficient detail and include sala ri es , benefits and other costs incurred by the City and sha ll clearly des ignate the type o f se rvi ce performed by the City so that the Authorlty administrati on may prope rly determine the accounts to which services are t o be cha rg ed . 1::ach s aid claim s hall be promptly paid, and the Autho rity shall be provided with a q ua r ter ly financ ial sta t ement. 6 . Responsibility of Autho rity . Nothing ir this Agreement sha ll be int e rpreted in any manner as constituting the City as the agent of the Authority cc the Aut ho rity as the ag ent of the Ci ty . Each party s hall remain sepa r ate and ne ither s hall he reby a s.s ume the debts or obligations of the o ther. TI1e Author ity shall be responsible for car rying out its duties and functi ons in accorJ ance with the Co lorado Urban Renewa l Law and othe r a ppl icable laws o r r eg ula t i o ns . 7 . Te rmination . Th i s Ag reemen t ma y be t e rmin a ted by t he mu tual consent o f t he pa r ties at any time af t er gi ving a t least thirty (30) days wri t ten no tice of intenti on to terminate the Ag reement. 8 . Office Space , t'urnishings . 'l'h e City may make available appropriate office space t o the Autho r ity , a s provided under such lease ag reement as may be ag reed upon by the parties . All furni sh ings , equipment , and s uppli es pr esently own ed by the Aut ho rity shall r ema in the p roperty of the Authority. Upon dissolut ion of the Aut hority , a ll property shall r evert to the Ci ty. 9. Insurance. The Autho r i ty may p rov ide its own public liability i ns urance , provided, however, that the City a nd the Author ity agree to consider the desirability cf including the Authority as an addi t ional insured within the City's ex i s t ing liability insu rance cove rages as a pa rt of the services to be provided by the City to the Authority und e r the term.s and provisions o f this Agreement . '!'h e Authority may consider othe r insurance t hat i s necessa ry t o protect the assets of the Urban Renewal Authority. IN WIWESS WHEREOF, the parties ha ve set the ir signatures on the date f irs t set forth above . Ci ty Cl e rk (S EAL) A'ITEST : Sec.re t a ry (SEAL ) CITY OF EN:;La-JOOD , CO LORAOO a rI»Jnicipal co rporation By _______ ~~- Mayor ENGLE',,l'.XJD URBAN REN El-lAL AU'l'HORI'l'Y By ___________ _ Chai rman Se ction 2 . The Ci ty Co uncil autho ri zes the Ma yo r and the ex o ffi cio City Cle r k to sign fo r and in behalf of the City of 1::ng lewood , Colorado . Int r od uced , read in full , and passed on first reading on the 7th day of Fe b ru ary , 1983 . I Published as a Bill for an Ordinance on the 9th day of February , 1983. Rea d by title and passed on final reading on the 22nd day of February , 1983 . Publi s hed by title as Ordinance No . 9 , Se ri es of 1983 , on the z3rd day of i'ebt'tla~r-, 1963. -- 2 n d Marc h Attest: /s / Ga ry R. Hir,bee ei<oificio City C e rk--'freasurer /s / Eu g ene L. Otis Eugene L. Otis , Mayo r I , Gary R. Higbee , ex officio City Cle rk-Treasurer of the City of Englewood , Colorado , hereby ce r tify that the above and foregoing i s a true, accurate and complete copy of the Ordina nce rissed on final reading and publi s hed by title as Or dinance No . , Series of 1983 . -- /s / Gary R. Hi g b ee Ga r y R. Higbee