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HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY - CO-OP WITH CITY 1980(CO-OP AGREEMENT WITH THE CITY OF SANTA ANA) 9/9/80 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA FOR FINAIJCIAL AND OPERATING SERVICES THIS AGREEMENT, made and entered into this 15th day of September, 1980, by and between the City of Santa Ana, a municipal corporation of the State of California, hereinafter referred to as "CITY," and the Com- munity Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic, hereinafter referred to as "AGENCY," 1'1 I T N E SSE T H Recitals: 1. The City Council of CITY created the Community Redevelopment Agency of the City of Santa Ana by Ordinance No. NS-1149, adopted on January 2, 1973, and declared itself to be the Redevelopment Agency vested with all rights, powers, duties, privileges and immunities thereof, pursuant ,,- to Health and Safety Code Section 33200. 2. The Community Redevelopment Law of the State of California provides that CITY and AGENCY may enter into an agreement between themselves to provide transfers of funds, services, and costs from CITY to AGENCY. 3. The parties hereto entered into an agreement dated March 12, 1973, and now desire to enter into a new agreement, since many of the terms and conditions of said Agreement are no longer applicable due to changed Clrcum- stances and conditions. WHEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, and subject to the terms, conditions and other provisions of '-61 5f' .... ... ~ ,~~ . . this Agreement hereinafter set forth, the parties hereto do hereby agree as follows: I GENERAL A. AGENCY and CITY shall each retain all powers and functions authorized by law, except as delegated or granted in this Agreement. B. The Executive Director of AGENCY shall be an - employee of CITY in the excepted service as provided by City Charter Section 1002 (a) (b), and shall be appointed by the City Manager of CITY, with the advice and consent of AGENCY. The Executive Director shall have as his duties and func- tions the day to day administrative responsibility for carry- ing out AGENCY programs and affairs, subject to the general direction of the City Manager of CITY. To insure proper coordination, the City Manager shall meet at least quarterly with the Redevelopment Commission. The Executive Director shall select, appoint, employ, and contract for agents and employees as required by AGENCY and approved by the City Manager of CITY, prepare the annual budget for AGENCY, and shall carry out all AGENCY redevelopment projects. D. This Agreement hereby replaces, rescinds and supersedes that certain agreement between CITY and AGENCY dated March 12, 1973. II CITY SERVICES AND FACILITIES A. CITY services, such as legal, engineering, accounting, building inspectors, copying, printing, sup- plies, planning, personnel, etc., and the use of CITY facilities shall be made available by CITY to AGENCY and the Community Redevelopment Commission at CITY'S actual cost. B. AGENCY agrees to reimburse CITY for all ser- vices and facilities provided hereunder to AGENCY as -2- 12 DF '- ,. . ,# . .. follows: 1. Office space shall be paid for by AGENCY at the saIne rate per square foot per month as charged to CITY departments during the term of th is Ag reement. All rental rates shall be prov ided to AGENCY for their approval, on an annual basis, identical. to the manner in which similar infornla- tion is provided to CITY departments. 2. Equipment used by AGENCY and its Commission, and owned by CITY, shall be paid for at the same rates and costs per month that are chargeable to any CITY departments during the term of this Agreement on an annual basis, identical to the manner in which similar information is provided to CITY departments for budgetary projections. 3. The use of the City Counc il Chambers and various Ineeting rooms owned and operated by CITY shall be made available, when not in conflict with prior CITY engagements, to AGENCY and its Commission, at no cost to AGENCY or its Commission. 4. Salary and fringe benefits paid to CITY employees who devote full-time or part-time to AGENCY activities, shall be reimbursed to CITY in amounts equal to the gross salary for each employee for hours worked, plus amounts equal to the costs to CITY of the employee's fringe benefits for such hours worked. Salary and wage projections shall be provided to AGENCY on an annual basis, identical to the manner in which similar information is provided to CITY departments. 5. The costs of all other services and facilities of CITY which are used in whole or in part by AGENCY, shall be reimbursed to CITY by -3- ~J; SF" ..; ... :. . . AGENCY at CITY'S actual direct and indirect cost therefor. III FUNDS OF AGENCY A. CITY may maintain an Administrative Fund in - the Treasury of CITY, with the money appropriated paid to : AGENCY as a loan to be repaid upon such terms and conditions as the City Council of CITY may provide. In the event the City Council of CITY does not appropriate money to the Ad- ministrative Fund, the administrative expenses of AGENCY shall be paid from tax increments, bonding, revolving, or community development funds, or any other lawful source. B. Funds appropriated by the City Council of CITY to the Redevelopment project Fund shall be maintained in such Fund in CITY'S Treasury. Such funds may be by grant or loan to AGENCY. C. AGENCY, at its discretion, may cause any bond or note proceeds received to be deposited in any fund or funds that it may create or designate as it deems appro- priate, as authorized by Health and Safety Code Section 33654. D. Loans under this Agreement shall commence on the date such expenditures were or are made, and loan bal- ances shall accrue as such additional loans are incurred. AGENCY shall not be responsible for the repayment of any of said loans until funds are available to AGENCY for such purpose. Once funds become available from which AGENCY may pay any debt accrued pursuant to this Agreement, then all such debts theretofore accrued shall be paid in a time and manner consistent with the needs of AGENCY. E. A report of the unpaid balance on AGENCY'S loans owed CITY shall be prepared on an annual basis, and -4- ~'1 5F , . . . ., l~ submitted to CITY'S City Council. Said report shall reflect total amounts owed and a proposed plan for repayment. AGENCY'S obligation for repayment shall be subordinate to any AGENCY bonded indebtedness approved by CITY'S City Coun- cil and AGENCY. F. Except as may be otherwise provided in any bond indenture, all funds of AGENCY, and the investment 7 thereof, from whatever source derived, shall be maintained in the Treasury of CITY and administered on behalf of AGENCY by the Director of Finance of CITY, as directed by AGEnCY and approved by the Executive Director. Said funds shall be maintained in separate accounts unrelated to the accounts of CITY. G. AGENCY shall secure an annual independent audit by a certified public accountant of all financial books, accounts, papers and records of AGENCY. IV PERSONNEL MATTERS A. AGENCY shall have access to services and facilities of the planning Department, the City Engineer, and other departments and offices of CITY, pursuant to Health and Safety Code Section 33126(a). B. CITY shall provide AGENCY with personnel services comparable to those being provided departments of CITY. Such services shall include position classification, wages and salary administration, recruitment, selection (examination), labor relations, worker's compensation, griev- ance, affirmative action and equal employment opportunity programs, employee counselling, performance evaluation, fringe benefit administration (including, but not limited to, medical and life insurance, retirement system, vacation and sick leave provisions), certification of payroll at ten- dance records, training, personnel records management, and -5- ~~ SF 'I . . ~- . personnel board activities. These services shall be focused on the particular character of a redevelopment organization. AGEnCY shall develop and adopt personnel rules and regula- tions consistent with the mission of AGENCY. v INSURANCE CITY agrees to name AGENCY, its officers and ew- - ployees as additional insured on CITY'S municipal liability excess coverage insurance policy to Nine Million Dollars ($9,000,000.00) combined single limit, and on CITY'S Boiler and Machinery pOlicy. AGENCY shall reimburse CITY for the additional cost, if any, of naming AGENCY as additional insured on such policy or pOlicies. VI REVI EW This Agreement shall be subject to annual review by the Redevelopment Commission, AGENCY, and by CITY. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA, a municipal corporation of the State of California ATTEST: .~~~CJa~ JAMES E. WARD, MAYOR a~l1a~ DAVr . EA, EXECUTIVE DIRECTOR/RECORDING SECRETARY "CITY" APPROVED AS TO FORM: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAIITA ANA / COUNSEL ~ HAl RMAN -6-