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Home My WebLink AboutResolution 2014-0065TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 65 Series of2014 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND RENEWAL WHEAT RIDGE ESTABLISHING THE RIGHTS AND RESPONSffiiLTTlES REGARDING OPERATIONAL ASSISTANCE AND FUNDING WHEREAS, the City has created the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge (RWR); and WHEREAS, RWR has administered five urban renewal areas across the City; and WHEREAS, the Colorado Urban Renewal Law, CRS 31-25-1 12 , authorizes the City and R WR to enter into agreements to cooperatively undertake all aspects of the administration and operation of urban renewal areas. plans and redevelopment projects within the City ; and WHEREAS, the City and the Authority have entered into previous intergovernmental agreements under this enabling authority, including agreements pertaining to the allocation of the sales tax. increment derived from the Town Center Project, and the sharing of resources relating to services, equipment and personnel; and WHEREAS, the current intergovernmental agreement (lGA) between the City and R WR expires on December 31. 2014 and City Council desires to extend the provisions of this IGA, with certain changes. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, as follows: A. The intergovernmental agreement between the City and the Wheat Ridge Urban Renewal Authority attached hereto as Exhibit A , is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. ATTEST: elle Shaver, C1ty Clerk Intergovernmental Agreement This Intergovernmental Agreement is entered into between the City of Wheat Ridge , Colorado (the "City") and the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge (the "Authority") as of the lB_ day of bht:ID&:n. , 2014 , together referred to as the "Parties .". In consideration of the mutual promises and covenants contained herein , the receipt and sufficiency of which are acknowledged , the Parties agree as follows : 1 . Purpose of Agreement This Agreement is entered into in order to establish the rights and responsibilities of the City and the Authority with respect to : (1) operational assistance and (2) funding . 2. Operational Assistance WRURAIGA A. Employees 1. Executive Director. The City Manager ha s retained or shall retain a Director of Community Development and /or an Economic Development Manager and the Authority has retained said person as the Executive Director of the Authority .. 2. Authority Employees . The Authority has and may continue to retain the professional services of other staff, consultants , advisors , experts and legal counsel as necessary and in accordance with the Urban Renewal Law. 3. City Employees. Upon request of the Director of the Authority , and subject to approval of the City Manager or his designee , City employees may be assigned to work for the Authority . Such approval of the Manager shall include the right to limit or to withhold assignment of City employees to work for the Authority if, in judgment of the City Manager, the assignment of such employee(s) to work for the Authority is impairing the employee(s)' ability to complete his /her City duties. While performing services for the Authority, such City employees shall coordinate their services with the Director. B. Personnel Actions Related to Employees 1. Notwithstanding Section 2. A.1 , the selection , termination and other personnel actions related to any person performing the functions of the Executive Director of the Authority , who is not a City employee , shall be made by the Board of Commissioners of the Authority. The Board of Commissioners of the Authority agrees to consult with the City Manager prior to the retention of an Executive Director regarding methods and areas of cooperation between the Authority and the City relating to duties of the Executive Director vis-a-vis contemporaneous City duties, if any, and utilization of other City employees . 2. The selection , description of duties and services , termination and other personnel actions related to all other employees , consultants , experts , attorneys and advisors of the Authority shall be made by the Authority's Board of Commissioners. 3 . Personnel actions relating to City employees shall in no manner be affected by this Agreement. In the event of any personnel action relating to any City employee while working under the terms and provisions of this Agreement, such action shall be subject to the City's personnel rules and regulations . C. Salaries and Procedures 1. The salary of the Executive Director of the Authority shall be established by the Board of Commissioners of the Authority ; provided , however, in the event the Executive Director hired by the Authority is also a City employee , the Authority agrees that his/her total salary shall be in accordance with the salary set by the City for the Director's position with the City ; and the portion thereof attributable to the Authority shall be allocated and paid as provided in this Agreement. 2. The salaries/fees of all other employees , consultants , experts , attorneys and advisors of the Authority shall be established by the Board of Commissioners of the Authority. Any Authority employee may be included in benefit programs available to City employees and the Authority shall pay for the costs thereof. D . Other Services 1 . The City may provide the Authority with such other services as may be required in order to perform its urban renewal functions including , but not limited to , accounting , financial and budget management, planning services and engineering services; provided, however, that nothing herein shall be construed as prohibiting the Authority from contracting with or retaining third parties to provide all or a portion of any services . 2 2. Annual or any special financial audits shall be performed by the City's independent auditor. All costs of any such audit or financial services shall by billed to and paid by the Authority . E. Office Space; Furnishings 1. The City may make available appropriate office space and office equipment to the Authority. All furnishings, equipment and supplies for the Authority may be acquired by the Authority or rented from the City . All furnishings and equipment loaned or rented to the Authority by the City shall be billed to and paid by the Authority and remain the property of the City . All furnishings and equipment acquired by the Authority shall become the property of the City upon the dissolution of the Authority . F. Operations Integration 1. City Codes . The Authority shall comply with applicable City ordinances, codes , rules and regulations related to the development and/or redevelopment of the urban renewal areas, except as provided otherwise in the urban renewal plans and the Colorado Urban Renewal Law. 2. Reports to Council. The City Council shall be informed of the activities , functions, operations , legal processes and financial/budgetary administration and condition of the Authority on a periodic basis and as requested by Council. 3. Meetings. The Board of Commissioners and City Council shall meet at the request of the Council to communicate and coordinate activities, functions and share ideas and actions related to carrying out urban renewal and /or redevelopment projects . 4 . Powers of Authority. The parties acknowledge and agree that the Board of Commissioners shall exercise all powers provided in the Urban Renewal Law and as provided in the urban renewal (redevelopment ) plans adopted by Council. G . In surance 1. The City agrees to include the Authority under its existing property casualty and workers ' compensation insurance coverages as a part of the services to be provided by the City to the Authority under the terms and provisions of this Agreement. 3 1 . 3. Funding The Authority shall pay for any other insurance requirements as required . The City will provide to the Authority $300,000 on an annual basis for the Authority to perform its urban renewal functions . The funding will be provided to the Authority in one payment in the month of January. 4. City and Authority Separate Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives , consultants or employees as the agents or employees of the Authority , or the Authority or its officials, representatives , consultants or employees as the agents or employees of the City. Each entity shall remain separate , subject to the cooperation and coordination of each entity's respective duties and powers with regard to urban renewal (redevelopment) activities . Neither party shall hereby assume the debts, obligations or liabilities of the other. The Authority shall be responsible for carrying out the duties and functions in accordance with the Colorado Urban Renewal Law, the urban renewal plans and other applicable laws and regulations . 5 . Effect on Prior Agreements All existing/prior cooperation agreements and/or intergovernmental agreements between the City and the Authority are hereby rescinded . The terms of this Agreement shall control the relationship between and activities of the City and the Authority. 6. Termination This Agreement may be terminated by the mutual consent of the parties at any time after giving at least (60) days written notice of intention to so terminate ; provided , however, termination of this Agreement shall not release the Authority from its obligation to pay the funds due the City as provided herein , unless such obligation is specifically terminated by the City .The term of this Agreement shall commence on January 1, 2015 and shall continue in full force and effect for a period of 60 months to and including December 31 , 2019 . 4 7 . No Debt Nothing herein shall be construed as constituting any multi-year fiscal obligation within the meaning of Article X, Section 20 of the Colorado Constitution, it being the intention of the parties that all fiscal obligations herein be subject to annual appropriation. 8 . Further Assurances The Parties agree to take such further acts as necessary to implement the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. WHEAT RIDGE URBAN RENEWAL AUTHORITY By :®~ ~D~ ' STATE OF COLORADO ) ) ss. County of Jefferson The foregoing instrument was acknowledged before me this I q+'h day of \J o\/ , 2014 by (Lr 1 si, \'x...v 1S , as Chc1 ~ r of the Wheat Ridge Urban Renewal Authority. CARLY LORENTZ NOTARY PU8LIC STATE OF COLORADO NOTARY 10 1J 20104046820 MY COMMISSION EXPIRES OC TOBER 28 2018 CITY OF WHEAT RIDGE , COLORADO ATTEST : APPROVED AS TO FORM : ~tilJ?tl Gerald E. Dahl, City Attorney STATE OF COLORADO ) ) ss . County of Jefferson The foregoing instrument was acknowledged before me this ~ day of Jkcer!lher , 2014 by Joyce Jay as Mayor and Janelle Shaver as City Clerk of the City of Wheat Ridge , Colorado. Witness my hand and official seal. My Commission expires : __ __:_D_...:..._Ol_d _ _____,.C)"----""L)'-l..._3C~- KELLY K STE V ENS N OTARY PUBLIC STATE OF COLORADO NOTARY 10 I 20064011241 MY COMM ISSION EXPIRES MARCH 22. 2018 6