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HomeMy WebLinkAboutPurchase of Services Contract EDA & City 1996PUBCIIASE OF SEB\rICES AGBEEMENT THIS AGREEMENT, made this 29th day of January , 19g6 by and, betweeu the CoLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHOBITy, a public body cot?orate and politic (the I'Authority"), and CITY OF COLUMBIA HEIGHTS, a municipat corporation under the laws of the State of Minnesota (the n citY'r ) , WITNESSETH: WHEREAS, the Authority desires to engage the City to render cettain technical advice and, assistance in connection with the activities and, projects of the Authority. NOW, THEREFOBE, in considemtion of the mutual covenents and agreements herein set forth, the Authority and City ag"ee as follows: 1 Scope plP sqryrce! !o be supplied bv Citv. City shail furnish to the Authority all necessary services reasonabiy requested by the Authority. Such services inciude, but are not. limited to, the services of an Exeeutive Director, Deputy Executive Director and services of a financial, planning, engineering and inspection, legal and secretarial nature (the I'servicesr'). City shall also furnish Authoity with equipment which includes, but is not limited to, offiee space, normal daily business postage and office supplies, use of telephone and telegraph and reproductiou equipment, travel expense and such other items as from time to time are reasonably and properly requested by the Authority in order to conduct its activities (the t'Equipment"). a.The Executive Direetor is the City Manager of the City. The Executive Director shall have responsibiiity for the supervision of the personnel of City who are to furnish services to the Authority pursuant to tiris Agreement. The Executive Director shall act as assistant treasurer of the s.rB98 5 5 6 ctr52-:.1 1 ; Authority and shelt be respoosible for the care aad oastody of all fuuds of the Authority and for the deposit tbereof in its nane in sueh bank or banks as tb,e Authority froo time to time shall designate; for the keepiag of regul,ar books of accouuts showing receipts aad e:cpeaditures; for readeriug to the Authority, at least annually, and aaSime at the request of the Authority, an eccoullt of the iacome and e:rpenses of the Autbority for the then prior Donth; for readeriag of such additionat financial aad otber reports as the Authority from time to time may request. The Director of Commuaity Developoent for the City shall serve as Deputy Director of the EDA under the supervisioa of the Executive Director. b. Assiaement of duties: allocation of costs. The Executive Direetor is respoasible f61 qltnining and supplying atl Services a.d Equipment as provided in tJris Agreement. The Executive Director shall prepare the . quafierly statenents for Services and Equipment required by paragraph 3. Iu detervnining the charges to be i:rcluded in such stetenents, the Executive Director shnll utilize the schedules of Service aad Equipment costs which are, or shall be from time to time, appeuded to this Agreement as exhibits; provided however, that no stateoent for Serrrices for Equipment may be paid by the Authority unless it has received and approved the schedule of Services aad Equipment costs upon which the statenent is based. 2. Time of performance; duration of aaeement. This Agreement shall conoeuce on January I , 1996 and sball coutiaue uutil January )_r 1997 and sball continue thereafter on a year-to-year basis ualess terminated by either party by written notice given to the other on or before December 1 of any year, in which case this Agreement shall terminate at the end of the calendar year in which the notice is giveu. sJB9835 5 ct:.62 - r3 I 3. Compensation of the Citv. a. Pavment. Authority shall pay City for all Services and Equipment furnished to the Authority. Such payments shall be mad.e quarteriy for all Serrrices and Equipnent furnished, by City during the prewious mouth, witfrin 30 days after receipt by the Authority of a statement from City for the quarter for wbjch payment is to be rrnde. b. For Service.The amoutlt to be paid by tbe Authority for Services shall be the total hours of Services actually rendered each month to the Authority by each employee of City times the houriy rate for each such employee, said hourly rate to be determined as follows: (i) The bouriy rate is the total annual compensation of that employee divided by the base hours for that employee; (ii) The base hours shall be the minims6 number of hours to be worked by each City employee as estabiished from time to time by City, less the hours included for paid vacations and h,olid,ays; (iii) Total annual compensatiou shall be the aonual compensation for such employees as established by City from time to time, plus Cityrs insurance and Cityrs contribution for retirement and other benefits; (iv) No charges, over and above the houriy rate, shall be made to or payable by the Authority for overtime work of City employees except such overtime as is approved in ad.vaace by the Director. Such overtime as is so approved shall be charged to and paid by the Authority at 1-1/2 times the hourly rate for that employee; (v) In no instance shall the total amount paid by the Authority to the City during any month for any employee exceed the actual cost to City of that employee for that month, it being agreed that for purposes of this subparagraph, the term rfcost" shall inciude total sJB98 55 5 c!r,62-11 J I Frrnual conpensation aod the cost to City of vacations and b,olidays for tbat employee. c. For Equipmeut. (i) $ 1 . 00 ._ per yea r for office space, inciuding use of tyBewriters, telegraph and telephones, reproductioa equipaent, lavatories and lunch room, aud supplyrus of normal daily business postage ard office supplies. (ii) A sum per month equal to rate charged by the Central Garage for City motor vehicles driven in connection witb, Authority activities. (iii) For items other than those set out ia this paragraph, tbe amouD.t per Eonth to be paid shall be mutually agreed upon i:r writing and specifically mnde a part of this Agreement. 4. Notice. A1l notice or demaads required or permitted to be given under this Agreement shall be in writing and shall be deemed to be givea when delivered personally to auy officer of the party to which notice is being given, or when deposited in the Uaited States mail i:c a sealed envelope with registered or certified oail postage prepared thereon add,ressed, to the parties at the following add,resses: To Authority: Columbia Heights Economic Development Authority City of Columbia Heights 590 40th Avenue N.E. Coiumbia lIeights, MN 55421-3878 To City: City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421-3878 Such addresses may be changed by either party upon notice to the other party given as herein provided. sJr98556 cti62- 1l 4 t 5. Affirmative Action Clause. a. Authority hereby states that it ag"ees to, fully intend,s to aad will comply with the standards of equal employment aad anti-discrirrrination as provid,ed, in tb,e Civii Bights Act of 1964, as amended, aad to conduct its activities in accordaoce with the City's affirmative action policy. IN WITNESS WHEREOF, the Columbia Heights Economic Developmeut Authority and the City of Columbia Heights have caused this Agreemeut to be executed on their behalfs by their respective duly authorized officers as of the date first above written. COLI'MBIA HEIGHTS DEVELO AUT Its t Attest: and c Secretary (SEAL) ttest: Its Executive CITY OF COLUMBIA HEIGHTS By Its and Its City Managerty City Clerk ( SEAL) s.rB98555 ci.16 z - 13 I