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HomeMy WebLinkAboutReso 1987-12861 RESOLUTION NO. 12861 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A COOPERATION AGREEMENT WITH THE BAYFRONT CONSERVANCY TRUST The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Bayfront Conservancy Trust was established to assist in carrying out the provisions of the City's Local Coastal Plan as approved by the State Coastal Commission; and, WHEREAS, the Bayfront Conservancy Trust has agreed to operate as a public non-profit corporation to assist the City in implementing the City's Local Coastal Program; and, WHEREAS, the Trust will need to hire employees to fulfill the duties as described above. NOW, THEREFORE, BE IT RESOLVED that that certain Cooperation Agreement between the City of Chula Vista and the Bayfront Conservancy Trust attached hereto as Exhibit A is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is authorized on behalf of the City of Chula Vista to execute said agreement. Present~ Approved as to form by Paul G. Desrochers Th~fnas J~ Harr~h/ Community Development Director ' C~ty Attorney! ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6th day of January 19 86 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Nader. Moore. Cox. McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None Mayor City of Ch~a' Vista ATTEST //.._ _ . (~ii~- Cle~:F :STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12861 ,ond that the same has not been omended or repealed. DATED.  City Clerk CllY OF CHULA VISTA CC--660 EXt iBIT A COOPERATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BAYFRONT CONSERVANCY TRUST This Agreement entered into 6th day of January , 1957 by and between the City of Chula Vista~einafter City), a California Municipal Corporation, and the Bayfront Conservancy Trust Ihereinafter Trust), a public non-profit corporation, witness that: RECITALS WHEREAS the Trust was incorporated to insure the protection of the environmentally sensitive areas of the Chula Vista Bayfront as identified in the City's Local Coastal Program certified by the California Coastal Commi s si on. WHEREAS the City desires that the Trust be charged with the operation of the Chula Vista Nature Interpretive Center and implement certain other elements of the City's Local Coastal Program. WHEREAS, the Trust will need to hire employees to fulfill the duties as described above. NOW, THEREFORE, BE IT RESOLVED that: The City will provide the Trust with the services of such City officers and employees as are necessary for the Trust to carry out its activities. Such use by the Trust of City services shall be considered to be a loan from the City to the Trust and shall be due and payable upon receipt of a City invoice. Failure to pay within ninety days shall be deemed a breech of this contract which shall result in the withdrawal of such services. The services of the employees of the City that will be specifically assigned to the Trust will be non-civil service, unclassified personnel. The employees will be granted all employee benefits such as payroll, PERS retirement, insurance and other employee benefits and vacation privileges. The City Manager will be responsible for the hiring and termination of employees assigned to the Trust. The Trust will advise the City Manager as to the performance of those employees and may make recommendations as to hiring and termination of services. The Trust may from time to time utilize other City employee services for which the Trust will be responsible for payment. The City Manager of the City must approve all such arrangements as requested by the Trust. The Trust agrees that it will keep and maintain detailed records of all receipts and expenditures by the Trust as well as detailed records of all time spent and services performed by the City officers and employees on behalf of the Trust pursuant to this Agreement. The Trust agrees that it shall submit an annual report describing all aspects of the Trust operations including, but not limited to, the records described herein to the City for its review. The Trust shall carry and maintain on its own behalf or through the City throughout the term of this Agreement a public liability policy with a single limit of not less than $1,000,000. The Trust will be responsible for any deductible and will be liable for such payment under any insurance claim naming the City as co-insureds and a copy of proof of such insurance shall be filed with the City. The City agrees to secure and maintain during the term of this Agreement Worker's Compensation Insurance covering employees. The City Finance Director shall verify and report in writing as soon as possible after the first day of January and July of each fiscal year, to the Trust the amount of Trust funds he/she holds, the amount of receipts since his/her last report, and the amount paid out since his/her last report. The City Finance Director .shall either make or shall contract with a certified public accountant to make an annual audit of those accounts and records of the Trust within 180 days after the end of each fiscal year. All costs of the audit shall be borne by the Trust and shall be charged against any unencumbered funds of the Trust available for that purpose. This agreement may be terminated without cause upon 30 days notice of either party. In witness whereof the parties hereto have caused this Agreement to be executed by their respective representatives who are duly authorized to act on their behalf. CITY OF CHULA VISTA BAYFRONT CONSERVANCY TRUST By ~ By Mayor ity Chula Vista Chairman(/of/~he Bayfront Conservancy ~Frust ATTEST ATTEST Trtis~c Secretary ~ ~ ~' Approved as to form and legality i'TbOmas J. Har~ro'h, City Attorney WPC 2604H -2- COUNCIL AGENDA STATEMENT Item 6 Meeting Date 1/6/87 ITEM TITLE: Resolution /~/ Cooperation Agreement between the City of Chula Vista and the Bayfront Conservancy Trust SUBMITTED BY: Community Development Director',~%] REVIEWED BY: City Manager~ (4/5tbs Vote: Yes No__) The Bayfront Conservancy Trust is incorporated under the provisions of the State of California as a non-profit public corporation. The Trust was established by the Redevelopment Agency in order to oversee the Nature Interpretive Center and to facilitate the provisions of the City's Local Coastal Plan, environmental management section. The Agreement presented herewith will facilitate the Trust's responsibility with respect to the employment of personnel. RECOMMENDATION: Adopt the resolution approving a Cooperation Agreement between the City and the Trust whereby the City will employ persons to work on Trust projects. BOARDS/COMMISSIONS RECOMMENDATION: The Bayfront Conservancy Trust has approved a draft agreement which is in the same form as presented herewith. DISCUSSION: Funding for the Bayfront Conservancy Trust in the initial years will come from the Redevelopment Agency and in later years from an assessment district and fund-raising projects. In order to make the most out of the funding for the initial period of the Trust and perhaps in later years, it is proposed that the City through a Cooperation Agreement provide employee services to the Trust. Thus, the Executive Director and later on a small staff would have the benefit of administrative support services such as purchasing, payroll, data processing, public information, and the like, and not have to contract out these services to a variety of venders thereby pulling the Director away from his chief duties. The City Charter requires that all employees must be under the direction of the City Manager. Under the Cooperation Agreement presented herewith, "The City Manager will be responsible for the hiring and termination of employees assigned to the Trust. The Trust will advise the City Manager as to the performance of those employees and make recommendations as to the hiring and termination of services." Chula Vista, California ~~/~__~__~Dated ~;, Y_2z.~. ~ ~ Page 2, Item 6 Meeting Oate~ The City Manager cannot change the Charter and yield authority to the Trust. Under the proposed agreement, however, the City Manager will cooperate with the Trust in the hiring and termination of personnel through informal discussion and consultation. If for any reason, the arrangement does not work, either party has the prerogative to cancel the agreement upon thirty days notice. Employees assigned to the Trust will be fully informed as to this important provision and will be non-civil service unclassified personnel. The Chair of the Bayfront Conservancy Trust is the Mayor of the City. The lands that will be governed under the Trust are environmentally sensitive and and soon to be public trust lands. The Nature Interpretive Center, while owned by the Redevelopment Agency (City), will be run by the Trust. Within the next several months a management contract between the City and Trust for the management and operation of the Nature Center building will be presented for consideration. It is expected that there may be more agreements because we are in the initial stages of organization of the Trust and its employees. In addition to hiring employees to work exclusively for the Trust, other City services to the Trust would be permitted under the proposed agreement. The Trust would be responsible for reimbursing the City for such expenses. The City Finance Director is also the Finance Director for the Trust; therefore, record keeping procedures such as billing, audits and so forth will be the same as for the City. The Bayfront Conservancy Trust has reviewed this draft agreement and concurs in the contents. FISCAL IMPACT: The Bayfront Conservancy Trust has a budget that was approved under the Redevelopment Agency budget for the 1986-87 fiscal year. If the Trust hired independently and were to offer comparable benefits, the cost to the Trust would most likely be more expensive. WPC 2622H