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HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY - CO-OP WITH CITY 2003 A2003-133 :"\ \"\ : ~ I s: - 17 .- o'-/- C:CbA (f~~ AMENDED AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA FOR FINANCIAL AND OPERATING SERVICES THIS AGREEMENT, made and entered into this 17th day of June, 2003, by and between the City of Santa Ana, a charter city and municipal corporation, organized and existing under the laws of the State of California, hereinafter referred to as "City," and the Community Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic, hereinafter referred to as "Agency." 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. The powers of the Agency include the power to incur indebtedness for any of its corporate purposes. 2. The Community Redevelopment Law of the State of California provides that City and Agency may enter into an agreement between themselves to provide funds, services, and costs from City to Agency, as budgeted annually. 3. The parties desire to formally contract in order for the City to provide staff services to the Agency and to construct improvements of benefit to the redevelopment program under specified circumstances, subject to reimbursement by the Agency as provided in this Agreement. 4. The parties hereto previously entered into an agreement dated September 15, 1980, and now desire to enter into a new agreement, since many of the terms and conditions of said Agreement are no longer applicable due to changes in redevelopment law and auditing guidelines. WHEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, and subject to the terms, conditions and other provisions of this Agreement hereinafter set forth, the parties hereto do hereby agree as follows: -1- 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 functions the day to day administrative responsibility for carrying out Agency programs and affairs, subj ect to the general direction of the City Manager of City. 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. C. This Agreement hereby replaces, rescinds and supersedes that certain agreement between City and Agency dated September 15,1980. II. CITY SERVICES AND FACILITIES A. City services, such as legal, engineering, accounting, inspection and project management services, copying, printing, insurance, fleet, supplies, planning, personnel, etc., and the use of City facilities shall be made available by City to Agency and the Community Redevelopment and Housing Commission at City's actual cost. B. Agency agrees to reimburse City for all services and facilities provided hereunder to Agency as follows: 1. Office space shall be paid for by Agency at the same rate per square foot per month as charged to City departments during the term ofthis Agreement. All rental rates shall be provided to Agency for their approval, on an annual basis, identical to the manner in which similar information 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. -2- 3. The use of the City Council Chambers and various meeting 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 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 ofthe employee's 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 Agency at City's actual direct and indirect cost therefor. 6. If the City and Agency so authorize, the City may incur costs for public improvements in the Project Area on behalf of the Agency. These costs shall become a debt of the Agency and shall be reimbursable as provided herein. 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 Administrative 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 Proj ect Fund( s) shall be maintained in such Fund( s) 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 appropriate, as authorized by Health and Safety Code Section 33654. D. Loans under this Agreement shall commence on July 15t or on the date such expenditures were or are made, and loan balances 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 -3- 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. Agency may, at its discretion, prepay any part of the Indebtedness any anytime without penalty. E. Each repayment or reimbursement obligation of the Agency pursuant to this Agreement shall bear interest based on the average interest earned on the City's investment pool. F. A report of the unpaid balance on Agency's loans owed City shall be prepared on an annual basis, and submitted to City's City Council. Agency's obligation for repayment shall be subordinate to any Agency bonded indebtedness approved by City's City Council and Agency. G. Except as may be otherwise provided in any bond indenture, all funds of Agency, and the investment 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 umelated to the accounts of City. H. 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 33l26(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, grievance, affirmative action and equal employment opportunity programs, employee counseling, performance evaluation, fringe benefit administration (including, but not limited to, medical and life insurance, retirement system, vacation and sick leave provisions), certification of payroll attendance records, training, personnel records management, and personnel board activities. These services shall be focused on the particular character of a redevelopment organization. -4- V. INSURANCE City agrees to name Agency, its officers and employees as additional insured on City's municipal liability excess coverage insurance and on City's Boiler and Machinery policy, and any other policies as needed. Agency shall reimburse City for the additional cost, if any, of naming Agency as additional insured on such policy or policies. VI. REVIEW This Agreement shall be subject to annual review by the Redevelopment Commission, Agency, and by City. VII. MISCELLANEOUS A. The Agency meetings are noticed, open and public as required by the Ralph M. Brown Act (Government Code section 54950, et seq.). B. The Agency complies with the Public Records Act (Government Code section 6250, et seq.) and unless a record clearly falls within an exception, such records are made available to the public. C. The Agency board members comply with the conflict of interest rules promulgated by the Political Reform Act in conformity with State law (Reference Resolution No. 74-4). D. The Agency has adopted procedures for implementation of California Environmental Quality Act of 1970 (Reference Resolution No. 75-4). E. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. F. This Agreement may be amended as the parties hereto may mutually agree by an instrument in writing executed by the parties hereto. -5- IN WITNESS WHEREOF, tbe parties hereto have executed this Agreement the date and year first above written. ATTEST: //~ , / (-c::, /- . t:: _ ...-..LL-l...-<-.-c:--~ Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney I~~L~ By: Lisa E. Storck Assistant City Attorney ATTEST: 7H ~ttA^.JJ{J \ ~ Patricia E. Healy /~ Agency Secretary APPROVED AS TO FORM: JOSEPH W. FLETCHER Agency General Counsel r!;1~- ,( ~ By: Lisa E. Storck Assistant General Counsel CITY OF SANTA ANA (7--, "'6) 'i----~:.; ~ IDavid N. Ream City Manager COMMUNITY REDEVELOPMENT AGENCY If J n P. Reekstin Executive Director -6-