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AGENDA ITEM REVIEW FORM |
7.D.
Regular City Council Meeting
- Meeting Date:
- 10/25/2023
- Department Head:
- Jenny Torres
- Submitted By:
- Yigal Duarte, Economic Development Assistant, Administration, Economic Development
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding (1) the City of San Luis as Fiscal Agent considering expenditures from the funds of the 4FrontED Binational Program to pay for an Executive Director conditioned on authority being granted under the terms of the 4FrontED Binational Intergovernmental Program intergovernmental agreement; (2) the City of San Luis as one member of the 4FrontED Binational Program consider continuing the Independent Contract for the Executive Director, Nazzer O. Mendez. (Jenny Torres, Acting City Manager)
SUMMARY:
The 4FrontED Binational Program ("Program") through its member agencies (the City of San Luis, the City of Yuma, the City of Somerton, the Town of Wellton, and Yuma County) focuses on promoting growth and expanding economic opportunities in the regions of Yuma County, Arizona, U.SA.; Imperial County, California, U.S.A; San Luis Rio Colorado, Sonora, Mexico; and regions within Baja California, Mexico.
The member agencies fund the Program and have expressed an interest in continuing to contract with an independent contractor to serve as an Executive Director for the 4FrontED Binational Program. They wish to continue with Nazzer O. Mendez.
The February 13, 2019, Amended and Restated Intergovernmental Agreement of the 4FontED Binational Program to Support Economic Development in the Greater Yuma Region ("IGA") designated the City of San Luis as the Fiscal Agent for the Program.
This Item
(1) The first action to take under this item-approval of expense as fiscal agent conditioned on approval by two (2) other Parties. Under the IGA section 2.1: " The Fiscal Agent shall not distribute and expend any funds without the prior authorization from the Executive Director and at least one other Party." The IGA defines "Party" as the member governmental agencies. Since the City of San Luis is the Fiscal Agent, it must act as an agent, and not one of the authorizing "Parties." Since the Executive Director is the subject of the contract, he should not be authorizing his own contract. This first action is for the City of San Luis to approve as Fiscal Agent conditioned on receiving authorization from at least two (2) "Parties" or from 4FrontED as an association. Once the San Luis Finance Director receives authorization, she may release the funds. The amount is $52,500 per year to be paid in monthly installments of $4,375.00 plus expenses of $25.00 per month for phone and travel expenses to be reimbursed with receipts. The City of San Luis contributes $8,789.20 per year to the contract, which is its pro-rata share based on population.
(2) The second action item is to approve the actual Independent Contractor Agreement for an Executive Director as a member of the 4FrontED Program.
The member agencies fund the Program and have expressed an interest in continuing to contract with an independent contractor to serve as an Executive Director for the 4FrontED Binational Program. They wish to continue with Nazzer O. Mendez.
The February 13, 2019, Amended and Restated Intergovernmental Agreement of the 4FontED Binational Program to Support Economic Development in the Greater Yuma Region ("IGA") designated the City of San Luis as the Fiscal Agent for the Program.
This Item
(1) The first action to take under this item-approval of expense as fiscal agent conditioned on approval by two (2) other Parties. Under the IGA section 2.1: " The Fiscal Agent shall not distribute and expend any funds without the prior authorization from the Executive Director and at least one other Party." The IGA defines "Party" as the member governmental agencies. Since the City of San Luis is the Fiscal Agent, it must act as an agent, and not one of the authorizing "Parties." Since the Executive Director is the subject of the contract, he should not be authorizing his own contract. This first action is for the City of San Luis to approve as Fiscal Agent conditioned on receiving authorization from at least two (2) "Parties" or from 4FrontED as an association. Once the San Luis Finance Director receives authorization, she may release the funds. The amount is $52,500 per year to be paid in monthly installments of $4,375.00 plus expenses of $25.00 per month for phone and travel expenses to be reimbursed with receipts. The City of San Luis contributes $8,789.20 per year to the contract, which is its pro-rata share based on population.
(2) The second action item is to approve the actual Independent Contractor Agreement for an Executive Director as a member of the 4FrontED Program.
RECOMMENDATION / SUGGESTED MOTION:
(1) I MOVE TO APPROVE, AS THE FISCAL AGENT, THE USE OF THE 4FrontED BI-NATIONAL PROGRAM FUNDS FOR $52,500.00 PLUS EXPENSES FOR A YEAR FOR AN INDEPENDENT CONTRACTOR TO SERVE AS THE PROGRAM'S EXECUTIVE DIRECTOR ON THE CONDITION THAT THE CITY OF SAN LUIS RECEIVES WRITTEN AUTHORIZATION UNDER THE INTERGOVERNMENTAL AGREEMENT AND TO RATIFY EXPENSES PAID FOR THE MONTHS OF JULY AND AUGUST IN THE AMOUNT OF $13,880.72.
(2) I MOVE TO APPROVE, AS ONE MEMBER OF THE 4FrontED BI-NATIONAL PROGRAM, THE INDEPENDENT CONTRACT FOR THE EXECUTIVE DIRECTOR AS PRESENTED.
(2) I MOVE TO APPROVE, AS ONE MEMBER OF THE 4FrontED BI-NATIONAL PROGRAM, THE INDEPENDENT CONTRACT FOR THE EXECUTIVE DIRECTOR AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- NA
- CITY/STATE/FEDERAL FUNDS:
- NA
- TOTAL:
- NA
- BUDGETED AMOUNT:
- NA
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- NA
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
The contract is not funded by City funds, but from a restricted account that administers the contributions from the participating member cities in Forefront ED. The payment of this contract does not have a financial impact in the City.
Attachments
- 4Fronted Executive Director 2023 Professional Service Agreement
- 4FrontED Executive Director Professional Services Agreement Letter